The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (in fact-finding and misunderstanding of legal principles) is that the Defendant was physically contacted with the victim in the process of breaking the victim’s head, and breaking out the victim’s head, on a hand, in order to protect the victim, and there was no physical contact with the victim, and there was no face and head of the victim.

Therefore, the defendant's act not only did not have the intention of assault but also constitutes legitimate act.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

2. Judgment on misconception of facts and misapprehension of legal principles

A. The judgment of the court below also asserted to the same effect as the grounds for appeal in this part, and the court below found the victim as witness and rendered a judgment of conviction against the defendant on the ground of this determination.

B. 1) The term “Assault” in the crime of assault refers to the exercise of physical or mental pain on a human body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, circumstances at the time of the act, form and type of the act, existence and degree of pain inflicted on a victim, etc.

(see, e.g., Supreme Court Decision 2016Do9302, Oct. 27, 2016). As an exercise of tangible force, an act belonging to the concept of the assault was committed, and the perception and intent of exercising force over the body was committed, i.e., the perception and intent of the assault was committed.

(See Supreme Court Decision 94Do1484 delivered on August 23, 1994, etc.). (b) In order to recognize a legitimate act under Article 20 of the Criminal Act, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the third protected interest and the infringed interest, the fourth urgency, and the fifth supplementary nature that there is no other means or method other than the act.