The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) In order to communicate with the victim, the defendant was able to catch the part of the victim’s breath or breath of the victim’s chest in the process of putting the victim into communication with the victim, and there was no intention of injury.

In addition, the injured party's wife is extremely minor that can occur in daily life and can be treated naturally even without being treated. Therefore, it does not constitute an injury under the Criminal Act.

2) The instant injury and assault crime were committed in the course of unilaterally attempting a conversation with the victim who intends to unilaterally destroy a de facto marital relationship, and the illegality is excluded as a justifiable act that does not go against the social norms.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. We examine whether the intent of the injury is intentional or not and whether it constitutes an injury under the Criminal Act, first, whether the Defendant is aware of the intent of the injury.

The following circumstances acknowledged in accordance with the evidence duly adopted and examined by the lower court and the first instance court, i.e., the Defendant unilaterally hedging by the injured party:

하면서 집을 나간 뒤 피고인의 연락을 피하자, 피해자를 만나기 위해 그가 참석할 것으로 예상되는 계모임 장소에 나갔고, 거기서 피해자를 만나게 된 점, ② 피해자는 피고인을 보자 자리를 피하려 하였으나, 피고인은 그 상태에서 나가려 하는 피해자의 멱살을 적극적으로 잡아당기며 가슴 부위를 손톱으로 여러 차례 할퀸 점, ③ 피해자가 입은 상처의 부위 및 정도 등에 비추어 볼 때 이는 피해자의 신체의 완전성을 해하려는 피고인의 적극적 고의 없이는 발생하기 어렵다고

In addition, the defendant has exercised tangible power to the victim.