The defendant's appeal is dismissed.

1. The summary of the grounds of appeal 1) The Defendant did not assault the victim as stated in the judgment of the court below, and the injury of the court below (hereinafter “the injury of this case”) occurred due to the instant case.

shall not be deemed to exist.

2) The instant act by misapprehending the legal doctrine constitutes a passive defensive act, which constitutes a legitimate defense.

3) The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. 1) In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, the fact that the Defendant abused the victim and inflicted the injury in this case can be sufficiently recognized.

Therefore, the defendant's assertion of facts is without merit.

(1) The statements made by a victim shall be consistent in specific and major parts.

The statement of other witnesses also conforms to the victim's statement rather than the statement of the defendant (in particular, the defendant argued that "after the employee at the time of the crime of this case removed the defendant and the victim, the victim took the face of the defendant three times in drinking by the defendant." However, the witness G, H and I stated that there was no such fact, and the defendant stated that there was no such fact. The trial record 237, 238, 248, 290 pages. The defendant argued that the victim's statement cannot be trusted due to various circumstances, but it is not sufficient to avoid the lack of alternative possibility of the alleged contents.

② In light of the fact that the injured person was not a criminal act by the day when the certificate of diagnosis was issued, and that the injured person was suffering from pummatitis, the Defendant asserts that the injured person was highly likely to suffer from the injury of this case due to pummatitis.

However, on June 2, 2016, when five days have passed from May 28, 2016, the date of the instant crime, the victim was issued a diagnosis of the instant injury at Dental on June 2, 2016, and this period was the occurrence of injury.