A. The lower court found the Defendant guilty of the facts charged in the instant case, but there was no fact that the Defendant had taken the victim’s face by drinking.

Therefore, the judgment of the court below which found the defendant guilty of the injury of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. Legal principles are not different.

Even if the Defendant distributed printed materials that constitute defamation against a member of the National Assembly, the Defendant exercised tangible power to prevent such distribution, so the Defendant’s act, such as the Defendant’s stated in the instant facts charged, constitutes a justifiable act that does not contravene social norms, and thus, is dismissed from illegality.

2. Determination:

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, namely, ① the victim stated consistently that he abused the victim’s left side to the court below from the investigative agency to the court below, ② immediately after the instant case, the victim resisted the Defendant about the facts of assault against the Defendant, and caused the Defendant not to flee, ③ the Defendant also recognized the fact that there was physical fighting with the victim, ③ the developments leading up to the instant case, the circumstances immediately after the instant case’s occurrence, the video image recorded, and the contents of the written diagnosis of injury, etc., the Defendant could sufficiently recognize the facts that the Defendant inflicted an injury by assaulting the victim, such as the facts recorded in the judgment of the court below, and thus, the Defendant’s assertion of mistake of facts is without merit.

B. The phrase “act that does not violate the social rules” as stipulated in Article 20 of the Criminal Act, which means an act that can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and thus, a certain act is justifiable.