The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

가. 사실 오인 피고인은, 피해자가 밀치기에 넘어지지 않으려고 힘을 주어 버텼을 뿐 피해자를 밀친 사실이 없다.

spiting or spiting a victim's face is a legitimate act.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant’s act of spiting the victim’s body is sufficiently recognized, and the Defendant’s above act cannot be deemed as a justifiable act that does not go against social norms.

Therefore, this part of the defendant's argument is without merit.

B. There is no change in the conditions of sentencing compared with the original judgment because new data on sentencing have not been submitted at the trial of the lower court for the determination of the unfair argument of sentencing. In full view of all the reasons for sentencing indicated in the records of this case, the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion.

shall not be deemed to exist.

Therefore, this part of the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.