The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Although misunderstanding of facts or misunderstanding of legal principles that the victim inflicted an assault as stated in the facts charged of this case, it is difficult to regard the victim's injury as an upper part of the defendant's assault, and there was no predictability.

Defendant’s act occurred in the course of passive resistance against the victim’s sudden attack, and constitutes a justifiable act.

The sentence of unfair sentencing (one year of imprisonment) by the lower court is too unreasonable.

Judgment

In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court below as a result of the determination of the mistake of facts or misapprehension of legal principles and the causal relation between the injury and the injury of the victim, proximate causal relation can be acknowledged between the defendant's assault and the injury of the victim as stated in the crime of this case, and it is recognized that the defendant could have predicted the fact that the defendant could have been injured at the time of the crime of this case, this part

(A) Although the Defendant asserts to the effect that the victim’s statement is not reliable, in light of the victim’s statement and the statement of other witnesses to the investigation agency, there is no special circumstance to deem that the judgment of the court below was erroneous, which corresponds to the facts charged in the instant case. The head of a person’s statement is an important institution directly connected with the life of the victim, and it can be easily expected that anyone may cause serious danger to the life if the head is faced with the upper part of his/her head on the floor with his/her own name.

피해자는 당시 술을 많이 마신 상태였고, 피고인도 검찰 수사에서 ‘피해자의 얼굴 부분을 1회 때렸고, 그러자 피해자가 바닥에 넘어졌는데, 쿵소리가 났다’,'이후 피해자의 얼굴 부위를 한 대 때렸고, 피해자가 비틀거리며 카운터 앞부분에 쿵하고...