A. misunderstanding of facts and misapprehension of legal principles have been committed by the victim unilaterally flag and assaulted at the time of the instant case, and the Defendant only flabed and pushed the victim’s flab with his left hand in the process of resisting the said passive resistance, and did not have inflicted an injury on the victim by marking the flab or flab. The victim was injured by the Defendant’s act

Even self-defense or legitimate act constitutes legitimate act.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In the judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles, the defendant led to a confession of all the facts charged of this case that "the defendant sent up 2-3 times to the face of the victim, who is a dangerous object, and thereby inflicted bodily injury upon the victim requiring medical treatment for about four weeks, by putting about the victim's face and loss in the process of preventing the defendant from doing so." On the other hand, there is no reasonable circumstance to suspect the voluntariness or credibility of the confession. On the other hand, according to the police interrogation protocol against the victim, the statement of witness F, the written diagnosis of injury, and photograph, which are evidence duly adopted and investigated by the court below, the defendant's assertion that there is no fact that he was any injury to the victim by putting a hick or hicking.

In addition, as to the assertion of self-defense or legitimate act, comprehensively taking account of health stand, circumstances of the case, means and degree of the victim's harmful act committed against the defendant, the means and method of the defendant's act compared thereto, and the result of the act, etc., it is difficult to view that the defendant's act of causing injury to the victim constitutes self-defense or legitimate act

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

B. The victim of the judgment on the argument of unfair sentencing had first exercised violence, and the Defendant also sustained the injury due to the instant case.