The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In other words, misunderstanding the facts and legal principles, the Defendant did not assault the victim’s part of his neck, and even if so, the Defendant’s act was conducted in the process of defending the victim’s face and chest first, and thus, constitutes a legitimate act under Article 20 of the Criminal Act or a legitimate defense under Article 21 of the same Act.

Nevertheless, the lower court erred by misapprehending the legal doctrine and thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (2 million won, etc.) is too unreasonable.

2. Determination

A. Judgment 1 on the misunderstanding of facts and legal principles also argued the same purport as the grounds for appeal in the court below. The court below, in light of the following circumstances, i.e., (i) according to the black stuff image containing the scene of the crime of this case, the victim’s face and chest is able to check the part of the victim by extending the victim’s face to her arm’s length, not simply sing the defendant’s face and chest, but breaking the part of the victim’s hand, (ii) according to the photograph taken after the crime of this case, it is possible to recognize the fact that the above act by the defendant was committed in light of the victim’s neck, (iii) the method, degree, and the situation before and after the crime, and etc., it is reasonable to view that the above act by the defendant goes beyond passive defense and has an active nature of attack against the victim, as stated in the facts charged, and the above act does not constitute a legitimate act or a political party.

The decision was determined.

2) According to the evidence duly adopted and examined by the court below, the court below acknowledged circumstances such as the reasoning of the court below, and further considered the following circumstances revealed through the above evidence.