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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although a mistake of fact was written by the victim E, there was no fact that the defendant forced the victim to forced him/her, pushed him/her into his/her chest, and followed the left step.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
B. Although it is not so a misunderstanding of the legal principle, the defendant's act is a passive resistance, which is against the victim's duty to obstruct the defendant's building management, and thus, it is dismissed that it constitutes a legitimate act.
C. The sentence imposed by the court below on the defendant (the fine of 300,000 won) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below in light of the misconception of facts and the misapprehension of legal principles, the defendant did not get off the driver's seat as shown in the judgment below, and the defendant could open the door of the vehicle and open the body of the victim, and pushed down the chest and left, and according to this, the defendant's act is an active attack that goes beyond the purpose of protecting the defendant's building management duties and infringes the victim's physical interests, and thus, it is difficult to view that it constitutes an act that does not violate social rules because it lacks means or methods, reasonableness, urgency, and supplement.
Therefore, the defendant's above assertion is without merit.
B. Although there is a favorable condition for the Defendant, such as the fact that the Defendant is the primary offender, the lower court should take into account all the sentencing conditions indicated in the instant argument, including the Defendant’s age, character and conduct, environment, details and motive of the crime, means and consequence, and the circumstances after the crime.