The sentence of sentence against the defendant shall be suspended.

A. In fact, the Defendant, misunderstanding the fact, did not have any desire for the victim F and assault the victim. Rather, the victim s/he s/ she s/ she s/ she s/ she s/ she s/ she s/ she s

B. Legal reasoning by misapprehending the legal doctrine, the Defendant exercised the tangible power against the victim

Even if this is a substantial act to defend the victim's unilateral assault, it is a legitimate defense.

(c)

The punishment of the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence, namely, ① the victim F, from the investigative agency to the court of the lower court consistently agreed from the Defendant to the Defendant’s main toilet to the lower court, that is, the victim F was assaulted by the Defendant in the process of en bancizing the victim’s blish, i.e., taking the victim’s h., refusing to enter the victim and entering the toilet, and taking the victim’s shoulder into the toilet.

진술하고 있는 점, ② 사건 직후 경찰에서 촬영한 피해자의 사진을 보면 왼쪽 눈과 눈썹 사이에 긁혀서 빨갛게 된 곳이 있는 등 피해자의 진술을 뒷받침하고 있는 점, ③ 피고인도 피해자와 싸우는 도중 피해자를 밀친 것은 인정하고 있는 점 등을 종합하여 보면, 피고인이 원심 판시 범죄사실 기재와 같이 피해자를 폭행한 사실을 충분히 인정할 수 있으므로, 피고인의 사실 오인 주장은 이유 없다.

B. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of misapprehension of the legal doctrine, namely, the victimized person did not first assault the Defendant, but rather, the Defendant’s shoulder.