A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant, rather than bather bats of the victim, took clothes, did not bather bather head, and father head is also caused by an act without the intention of assault. 2) Even if the Defendant’s intention is recognized, this is merely passive defensive act and thus, the illegality is dismissed.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts and misapprehension of legal principles, it can be sufficiently recognized that the defendant committed an assault, such as the victim's breath, and breathing the victim's breath and head several times as stated in the judgment of the court below. In light of the background leading up to dispute between the defendant and the victim, the defendant's breath and form of force, the situation at the time of the act, and the degree of damage caused by the assault, etc., it can be sufficiently recognized that there was an intentional assault by the defendant. Therefore, this part of the defendant's assertion is without merit. 2) The defendant's appraisal of the victim's breath and breath during a dispute with the victim, and caused the victim's breath and head several times. In full view of the circumstances and contents of the crime committed by the defendant at the time of lawful adoption and investigation, it cannot be deemed that such an act constitutes a passive attack or attack against the victim.

Therefore, this part of the defendant's assertion is without merit.

B. The Defendant’s primary offender, and the victim did not have any result of injury, etc. are sentencing factors favorable to the Defendant.

However, the defendant is at the trial.