The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the event of misunderstanding of facts, the Defendant was unable to pass from the victim at the time of the misunderstanding of facts, and only caused the Defendant’s hand away from the victim’s arms in order not to go beyond, and there was no fact that the Defendant was pushed ahead of the victim.

B. The defendant's act of misunderstanding the legal principles constitutes a passive resistance, which does not violate the social rules of Article 20 of the Criminal Act.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, especially CCTV images and the consistent statement by the victim, it is sufficient to recognize the fact that the Defendant committed an assault by destroying the victim’s body beyond the floor by pushing the victim’s body like the facts charged.

The above argument by the defendant cannot be accepted.

B. In light of the context and situation of the instant crime, and the degree of assault, which is acknowledged in accordance with the aforementioned evidence as to the assertion of misapprehension of the legal doctrine, the Defendant appears to have actively committed the instant crime with the victim during the process of assault, and was merely committed a passive resistance. Therefore, it cannot be deemed as a justifiable act under Article 20 of the Criminal Act.

The above argument by the defendant 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.