1. The judgment below is reversed.

2. The sentence shall be suspended against the defendant;

1. Summary of grounds for appeal;

A. There is no misconception of facts or misapprehension of legal principles that the Defendant committed an assault against the victim.

Even if it is recognized that the defendant was smuggling of the victim, this constitutes a legitimate act, and thus, is not illegal.

Nevertheless, the court below erred by misapprehending the facts charged or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 200,000) is excessively unreasonable.

2. Determination

A. 1) Determination of misunderstanding of facts or misapprehension of legal principles on whether a defendant was guilty or not. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court below, namely, the victim consistently stated by the investigative agency to the date and time and place indicated in the facts charged in this case to the court below (Evidence No. 9, No. 89, No. 100) and the fact that the defendant's interview of the scene at the time of this case and video image show that there is a secret appearance for the victim, as recorded in the facts charged, this part of the defendant's allegation of misunderstanding of facts can be sufficiently recognized. Accordingly, the defendant's assertion of misunderstanding of facts is without merit. Comprehensively considering the evidence duly adopted and examined by the court below, the defendant's act does not violate social rules, and it is difficult to recognize that the defendant's act satisfies the requirements such as legitimacy, means, reasonableness, urgency, and supplement of the purpose of the crime, thereby constituting legitimate act or self-defense.

Therefore, Defendant’s assertion of misapprehension of the legal principles is without merit.

B. The instant crime of determining unreasonable sentencing is part of the retaining wall of the Moel operated by the Defendant with the victim sofasing.