The defendant's appeal is dismissed.

Summary of Grounds for Appeal

가. 사실오인, 법리오해 피고인은 피해자가 피고인을 부당하게 강제로 콜라텍에서 퇴거시키려고 하여 이에 저항하는 과정에서 방어 목적으로 피해자를 밀쳤을 뿐이고, 피해자가 어른인 피고인에게 욕설을 하자 욕설을 하지 말라는 의미로 가볍게 뺨 부위를 톡톡 친 것에 불과하므로 피해자를 폭행한 것이라고 볼 수 없고, 피고인이 피해자에게 한 위와 같은 행위는 정당방위에 해당한다.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 1,000,000) is too unreasonable.

2. Determination

A. Assault in the crime of assaulting a mistake of facts or misapprehension of legal principles means the exercise of physical or mental pain on a person's body, which does not necessarily require any contact with the victim's body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, circumstances at the time of the act, mode and type of the act, existence and degree of pain inflicted on the victim, etc.

(Supreme Court Decision 2016Do9302 Decided October 27, 2016). Comprehensively taking account of the evidence duly adopted and examined by the lower court, the Defendant’s act constitutes an assault in the crime of assault, and the intent of assault is sufficiently recognized in light of the aforementioned legal doctrine.

In a case where it is reasonable to view that the perpetrator’s act was at the first place with the intent of an attack rather than with a view to defending the victim’s unfair attack, and that the act was at the same time an attack, and thus, the act was at the same time an attack, and thus, constitutes self-defense or excessive defense (see, e.g., Supreme Court Decision 200Do228, Mar. 28, 200). The original trial is legitimate.