The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

가. 사실 오인 내지 법리 오해 피고인은 피해자의 머리채를 잡고 흔들거나 손톱으로 피해자의 귀와 얼굴을 할퀸 사실이 없고, 단지 피해 자의 폭행에 대항하여 피해자의 머리를 손으로 잡고 있었을 뿐임에도 이 사건 공소사실을 유죄로 인정한 원심판결에는 사실 오인 내지 정당 방위 및 정당행위에 관한 법리 오해의 위법이 있다.

B. The punishment sentenced by the lower court (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated, the lower court’s judgment that found the Defendant guilty of the instant facts charged is justifiable, and thus, rejected the Defendant’s assertion of mistake of facts or misapprehension of the legal doctrine.

(1) The content of the victim’s statement concerning the facts charged in the instant case is considerably specific and consistent, and there is no reason to suspect the credibility of the statement.

In addition, the victim's photograph, which appears to have been taken immediately after the crime of this case, is also consistent with the victim's statement.

D. On the other hand, the Defendant, at the time of the instant crime, appears to have denied all the facts pertaining to the instant facts charged, such as stating that the Defendant was not the Defendant himself, etc., which was contained in CCTV images at the time of the instant crime. However, it is difficult to believe the Defendant’s statement as it is, and recognized the part that the Defendant himself was the head of the victim.

Referencely, the defendant asserts a political party defense or a legitimate act, but there is no material to acknowledge that the victim has abused the defendant, and even if such circumstance is recognized, the injured person at the time of the assaulting of the victim, the degree and result of the assault, etc.