(a) The defendant misunderstanding the fact that he takes gas sprayers out to the victim;

It is not guilty because it constitutes a legitimate defense or an erroneous defense.

However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to whether the Defendant was erroneous, there was a violation of the legal interests of the Defendant at the time of the instant crime, or there was a justifiable reason for the Defendant to mislead the Defendant into a situation where the Defendant

subsection (b) of this section.

① At the time of the instant case, it appears that there was a dispute between the victim and the Defendant as to the land in the lawsuit, but the victim exercised or attempted to exercise the physical power against the Defendant.

There is no circumstance to consider.

② Rather, while the Defendant was in a dispute with the victim, the Defendant left the face of the victim by taking gas sprayers out in the Aarsen’s own money.

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

B. Whether sentencing is unfair or not is an initial crime with no record of punishment, and it is recognized that the Defendant is aged 78 years.

However, the crime of this case is found to have been committed by the defendant using gas sprayers, which is a dangerous object between the victim and the Si, who is the birth partner of the defendant, and that the crime of this case is bad in nature, that the defendant denies the crime by a defense that is difficult to obtain up to the trial of the defendant, and that he did not go against it, and that he did not receive it from the injured person.

In addition, various circumstances such as the character, conduct, environment, family relationship, motive and background of the crime, means and consequence, etc. of the crime, and special circumstances to change the sentencing of the court below after the judgment of the court below.