The defendant's appeal is dismissed.

Summary of Grounds for Appeal

misunderstanding of facts and misunderstanding of legal principles, the Defendant: (a) opened a victim’s visit and entered the victim’s room and expressed the victim’s desire; and (b) even if the Defendant tried to produce the victim and close the door, the victim’s desire to return to his room and repeatedly hump the Defendant, thereby breaking the victim’s shoulder to close the visit; and (c) so, it does not constitute violence.

Even if the above acts of the defendant constitute assault.

Even if this constitutes self-defense, illegality should be avoided.

The sentence of the lower court on unreasonable sentencing is too unreasonable.

Judgment

Assault in the crime of assault under Article 260 of the Criminal Act, which does not constitute assault to determine the misunderstanding of facts or misapprehension of legal principles, refers to the exercise of unlawful tangible force against human body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, circumstances at the time of the act, form and type of the act, existence and degree of pain inflicted on the victim, etc.

(2) In light of the above legal principles and evidence duly adopted and examined by the court below, it is reasonable to see that the above act of the defendant constitutes an assault, in light of the following: (a) the defendant put a shoulder of the victim; (b) the victim was sealed; and (c) the fact that the victim was pushed down is sufficiently recognized; and (d) the circumstances of the crime of this case recognized by the above evidence and the circumstances before and after the crime were committed.

Therefore, this part of the defendant's argument is without merit.

The Defendant alleged that his act constitutes self-defense has also asserted self-defense in the lower court, and the lower court, on the ground that it is difficult to view the Defendant’s act as self-defense in light of the background leading to this case, circumstances at the time of the act, etc. known in the facts indicated in the lower judgment.