A. Although there was a fact that the defendant of mistake of facts made a fighting with attachment of E and vision, it constitutes legitimate self-defense, and there was no assault or injury to F and D, as it was conducted in an attack and defense of E prior to the attack of E.

Nevertheless, the judgment of the court below that found the defendant guilty of the facts charged of this case is erroneous in misconception of facts.

B. The lower court’s sentence (two million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below's duly adopted and investigated evidence of the victim's assertion of mistake of facts: (i) the defendant made a statement that there was no fact or E from the police to the victim E who first left the police (the 69,70 pages of the evidence record); (ii) the victim's statement is not consistent with the defendant's motive, circumstance, method of causing injury, and injury; and (iii) the victim's statement is consistent with the important part; (iv) the victim's statement was sent first to the victim E; and (v) the victim's attacked speech and behavior was not shown in the victim's intent of attack; and (v) the victim's statement is deemed to have reached the victim's intent of attack; and (v) the victim's statement and photograph of the victim's injury are consistent with the facts charged.