A. The Defendant, as stated in the instant facts charged, did not receive the victim G face and chest due to his head.

B. Although the court below erred by misapprehending the legal principles on the part of the victim's sexual nature, it constitutes self-defense as it is for the purpose of defending the defendant's current infringement of the defendant's body

C. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court, such as the witness G’s statement in the lower court’s court’s trial ruling on the assertion of mistake of facts, the Defendant was seated before E convenience points. However, the Defendant’s assertion on this part is without merit, given that the Defendant’s face and chest were recognized as having become the victim’s head, while the Defendant stated that “I am early,” and the victim’s statement that “I am as soon as possible.”

B. In full view of the evidence and records duly adopted and examined by the court below in determining the misapprehension of legal principles, the defendant and the victim are not fighting each other, and it is difficult to view that the defendant's act constitutes legitimate self-defense to defend the current infringement of the life and body. Therefore, this part of the defendant's assertion is without merit.

(A) When the victim and the defendant are fighting each other, they suffered a bodily injury as stated in the facts charged, and the victim promptly asked the part of the defendant's arms to inflict a bodily injury, and the defendant is judged to have committed an active attack, not a passive defense against the victim's attack. It is also determined that the defendant committed an active attack, not a passive attack against the victim's attack. (See Supreme Court Decision 2000Do228, Mar. 28, 2000.)

The defendant does not seem to have an attitude against the denial of his own criminal act, and the first summary order of KRW 3 million was notified by the court below, which is a fine of KRW 2 million.