A. misunderstanding of facts or misunderstanding of legal principles 1) Even if the victim D flaps and assaulted his flaps, and did not assault the victim. 2) Even if the Defendant committed an assault against the victim, the Defendant’s act constitutes an assault by assaulting the victim, and thus, the Defendant’s act constitutes self-defense or legitimate act, and thus, the illegality should be avoided.

B. The sentence of a fine of KRW 300,000 imposed by the lower court on the Defendant is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts or misapprehension of legal principles as to whether the defendant's act of making flab can be seen as violence in the crime of assault, and the act of assault in the crime of assault as prescribed by Article 260 of the Criminal Act refers to the exercise of tangible force against the body of the victim. The defendant's act of taking flab around the victim's body constitutes violence in the crime of assault by exercising force against the victim's body. Thus, the above argument of the defendant is without merit. 2) Next, in full view of the evidence duly adopted and investigated at the court below as to whether the defendant's act of taking flab around the victim's body constitutes self-defense or legitimate act, the fact that the defendant committed flabing the defendant's flab is recognized, but the defendant's act also appears to have the nature of active attack beyond the limit of passive defense against the victim's unfair attack. Thus, the defendant's act cannot be viewed as legitimate self-defense or legitimate act.

B. The crime of this case on the assertion of unfair sentencing is committed by the victim.