The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles or 1) The victim B’s body side is not able to walk.

2) 가사 피고인이 피해자 B의 몸통 부위를 발로 걷어찼다고

Even if this is a passive defense to oppose the victim B's assault act, it is an urgent escape as an act of defense that is a legitimate defense or an act of rescue to oppose the victim B's assault act.

3) In comparison with the developments leading up to the security of CCTV images, the submission process, the size of the original video file in the initial investigationphone and the size of the CCTV screen files submitted by the victim B’s wife, CCTV images cannot be used as evidence since they were edited and fabricated by the wife of the victim B.

In addition, the investigation department of the Yeongdeungpo-gu Police Station did not conduct a search for seizure of the original file even though he was aware that CCTV images were videoed from the middle part of the occurrence of the case.

CCTV images submitted to the original trial court are produced as evidence by means of a copy of the CCTV editing body and the cell phone camera, which were reproduced by a police officer, by means of a Ma police box and a police station investigation, and by means of a police officer, by moving to a computer by an USB camera or e-mail, and then re-produced CDs.

In that sense, police officers and police officers of the Yeongdeungpo-gu Police Station did not seal the device and did not check that the CCTV manager's test did not alter the original image file without sealing the device, and did not seal the USB or mobile phone camera, and computer was not sealed.

Therefore, CCTV images cannot be used as evidence because they are collected in violation of search procedures and regulations of the Supreme Prosecutors' Office.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. Determination of the misapprehension of the legal principles and mistake of facts 1) There is no support for the victim B to walk the body part of the victim B.