The defendant's appeal is dismissed.

1. The summary of the grounds of appeal 1) misunderstanding of facts and misapprehension of the legal principles, as stated in the facts charged, the Defendant’s act of raising drinking, as the victim’s face, is not an assault under the Criminal Act, or an act of passive defense against the victim’s gambling, and thus, cannot be deemed unlawful in light of social norms.

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

2. 1) Determination of the misunderstanding of the facts and the misapprehension of the legal doctrine is that the act of putting the hand in close vicinity to the victim’s body was not directly contacted by the victim’s body.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., (i) the victim committed an insulting act against the defendant and the victim, (ii) the victim did not exercise the physical force of the defendant, and (iii) there was no evidence to acknowledge the victim’s attempted act, other than the defendant’s statement, the act recorded in the facts charged by the defendant constitutes an unlawful tangible force against the victim, and constitutes an assault against the victim, and (iv) it cannot be deemed that it is permissible in light of social norms as a passive defensive act.

Therefore, the defendant's mistake of facts and misapprehension of legal principles are without merit.

2) The following points for determining the unfair argument of sentencing are the circumstances unfavorable to the Defendant.

In a situation where violence is unnecessary, violence was used.

There was no agreement with the victim.

There is a record of being sentenced to a fine once for the same crime.

On the other hand, the following facts are favorable to the defendant.

The contingent crime is a contingent crime, and the damage is minor due to no physical contact.

Punishments heavier than fines.