The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The victim of the misunderstanding of facts is merely the victim himself/herself in the process of smuggling with the defendant, so the victim's injury as stated in the facts charged is not due to the defendant's act.

In addition, even if the defendant's strong wind, the victim was the victim.

Even if the victim suffered such injury in light of the situation at the time, it does not seem that the victim suffered such injury.

Nevertheless, the court below erred by misunderstanding the facts charged and adversely affecting the conclusion of the judgment.

B. At the time of the instant case by misapprehending the legal doctrine, the Defendant only prevented the victim from getting out of the restaurant by demanding the victim to question whether he was unable to accept as a human being for the past.

Therefore, the defendant's act is not illegal because it does not violate the social rules.

Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

(c)

The punishment sentenced by the court below (700,000 won) is too unreasonable.

2. Determination

A. 1) Comprehensively taking account of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the first instance court, the lower court and the lower court fully recognized the fact that the Defendant was able to have the victim go beyond the floor by pushing the victim as stated in the facts charged, thereby having the victim suffer the elbow elbbry and the arms arms.

A) According to the results of a CCTV screen CD (which is attached to the 38th page of the evidence record), ① the Defendant was seated with a table that the Defendant was able to wear and take out his clothes, and the victim was pushed down, ② the victim resisted at this point, but the Defendant continued to resist, but went back to a space between the table and the table.