Defendant

The appeal is dismissed.

1. Summary of grounds for appeal;

A. There is no fact that the Defendant, by his hand, turns on the victim F's left side.

B. In light of the legal principles, even if the defendant gets her hand on the left side of the victim's hand, the defendant's act of passive resistance constitutes a justifiable act and thus, it is dismissed that the defendant's act constitutes a justifiable act.

C. The court below’s sentence of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Determination

A. According to the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., (i) the police officers dispatched at the time of the instant case at the victim’s left top cover, such as flaging on the victim’s left top cover (Evidence No. 30 pages), and (ii) the occurrence of flaging on the victim’s left top cover is deemed to have occurred in the process of deducting the flag from the Defendant (Evidence No. 20, 36 pages, and trial record No. 35 pages of the evidence record). Since the circumstance that the Defendant did not flag on the part of the victim’s left cover, the lower court acknowledged the fact that the Defendant did not have flag on the part of the victim’s hand, and did not interfere with the Defendant’s flaging on the part of the victim’s left cover (i.e., g., g., g., g., g., g., the victim’s left cover.