The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. There is no fact that the Defendant in mistake of facts inflicted a bodily injury by breaking the victim’s head.

B. The defendant's act against the victim of misapprehension of legal principles constitutes legitimate act.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant can be found to have committed an assault, such as breaking the victim's head by putting the victim's head as shown in the facts charged, and the statement by the J of the party witness alone is insufficient to reverse the above judgment by the court below, and there is no other evidence to reverse this.

Therefore, the judgment of the court below cannot be viewed as an erroneous determination of facts as pointed out by the defendant.

(The injured party, after committing the instant crime, states the details of the damage as indicated in the facts charged in lieu of the statement made at the police station immediately after the instant crime, to the court of the original trial, and is issued a written injury diagnosis on the shop shop shop of the instant crime. The witness E’s statement also corresponds to this and is credibility).

In light of the specific circumstances at the time of the crime of this case, the victim's injury part and degree, the relationship between the defendant and the victim, which are acknowledged by the evidence duly adopted and examined by the court below, it is difficult to view that the defendant's act does not violate the social norms, and therefore, the argument that the defendant's act

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.