The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding the facts and legal principles, the defendant, under the influence of alcohol, only caused the victim's shoulder to remove the victim's head from the defendant's chest in order to remove him/her from the defendant's chest, and brought a passive resistance against the victim's constant bullying, a de facto spouse of the defendant. Although the defendant's act constitutes a legitimate defense or legitimate act, the judgment of the court below which found him/her guilty of the facts charged of this case by misunderstanding the facts or misunderstanding the legal principles, which affected the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts and misapprehension of the legal doctrine, the lower court, on the same ground as the grounds for appeal by the Defendant, comprehensively taking account of the circumstances acknowledged by the evidence duly admitted and investigated by the lower court under the title “determination on the Defendant’s and his defense counsel’s assertion”, can sufficiently recognize the fact that the Defendant committed an assault against the victim at the time and place of the instant crime, and the said act by the Defendant’s person deviates from passive defensive acts having substantial nature in light of social norms, and it is difficult to view that

The court rejected the argument and found the defendant guilty of all the facts charged in this case.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., (i) the victim was released from the place where the crime of this case was committed, and (ii) the taxi engineer F was not in charge of smelling the victim.

The statement, ② The photograph taken by the police immediately after the crime of this case shows a red appearance of the part of the victim, ③ the victim is consistent from the police to the court below.