A. misunderstanding of facts and misunderstanding of legal principles do not have any fact when the victim was committed, and the defendant committed a passive resistance in the course of defending the victim by being assaulted by the victim, and such act constitutes self-defense or legitimate act.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles can be acknowledged that he was abused from the victim at the time and place stated in the facts charged of this case, and was pushed down with breath in the victim's blue with blue with blue with blue with the victim's blue with blue with the victim's blue with blue with blue with the victim's blue with blue with the victim's blue with blue with the victim's blue with the victim's blue with the victim's blue with blue with the victim'

B. 1) Determination on the assertion of unfair sentencing is recognized as having been assaulted by the victim first, but the defendant has a history of punishment for the same kind of crime (two times a suspended sentence, a fine not exceeding four times), the defendant does not reflect his mistake, and the defendant's age, occupation, environment, means and result of the crime, and the conditions of sentencing specified in the argument of this case, including circumstances after the crime, are considered to be too unreasonable. Accordingly, the defendant's above assertion is not reasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.