The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The misunderstanding of facts or misapprehension of the legal principles did not pressing the victim's left hand, and the victim voluntarily gets the defendant in the process of drawing the defendant, and even if the victim's fingers in the process of trial, the defendant's tangible power was damaged by the victim's fingers in the process of trial, it can be viewed as a legitimate defense or a legitimate act for performance of official duties.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. misunderstanding of facts or legal principles 1) In determining the credibility of a statement after the first instance court’s argument that the Defendant did not apply the victim’s left hand, the Defendant’s first instance trial proceeding to examine the witness, not only is it consistent with the reasonableness, logical, inconsistency, or rule of experience of the content itself, but also is consistent with the witness evidence or third party’s statement, such as the appearance or attitude of the witness who is going to make a statement in the open court after being sworn by the judge before the judge, and the statement of witness examination, such as the pening of the statement, is to evaluate the credibility of the statement by directly observing various circumstances that are difficult to record.

On the other hand, the appellate court's determination of credibility of the statement made by the witness in the first instance court under the current Criminal Procedure Act is based on the records including the witness examination protocol in principle. Thus, in determining credibility of the statement, there is an essential limitation that the appearance and attitude of the witness at the time of the statement that can be called one of the most important elements in determining credibility of the statement can not be reflected in the evaluation of credibility.

Considering the difference between the methods of evaluating credibility between the first instance court and the appellate court, the first instance court’s judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court.

(b) there are special circumstances to consider; or