The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, was aware of the victim C’s head carin, but there was no fact that he was kneeing or kneeing the victim’s head carin.

Nevertheless, the lower court erred by misapprehending part of the facts charged, thereby finding the guilty guilty.

나. 법리 오해 피고인은 사건 당시 피해자의 움직임에 놀라 얼떨결에 피해자의 머리카락을 붙잡게 되었고 머리카락을 붙잡고 보니 배 부분에 공간이 남아 피해자의 공격을 미리 방어하고자 무릎으로 피해자의 복부를 때리는 시늉을 하였다.

This is a legitimate defense because of an action to defend unfair infringement.

Nevertheless, the lower court erred by misapprehending the legal doctrine and thereby finding guilty of the facts charged.

(c)

The punishment sentenced by the court below is too unreasonable.

2. Determination

A. According to the legal statement of the victim C by the witness of the court below, which duly adopted the judgment on the assertion of mistake of facts and made an investigation, and specifically stated the situation at the time of the investigation, the fact that the defendant not only left the victim's head kne, but also was knee and kneeed in the victim's head knee.

Defendant’s assertion of mistake is rejected.

B. In full view of the method and degree of the Defendant’s assault against the Defendant’s victim and the circumstances leading to the assault, the Defendant’s act of assault cannot be evaluated as an act to defend the victimized person’s unfair attack.

We cannot accept the Defendant’s assertion of misapprehension of the legal doctrine.

(c)

There is no significant change in circumstances after the judgment of the court below regarding the unfair argument of sentencing.

The conditions of sentencing as shown in the records and changes of the case and the reasons for sentencing of the judgment of the court below.