가. 피고인 1) 사실오인 및 법리오해 피고인은 C로부터 먼저 1시간 이상 폭행을 당하여 발로 이를 방어하였을 뿐이고 C를 폭행한 적이 없다. 피고인의 행위는 정당방위에 해당한다(2012. 6. 5.자 폭행). 또한 피고인은 손톱으로 E을 할퀸 사실이 없고, E으로부터 먼저 폭행을 당하여 이를 피한 적이 있을 뿐이다(2012. 6. 8.자 폭행). 이 사건 공소사실을 유죄로 인정한 원심판결에는 사실오인이나 법리오해의 위법이 있다. 2) 양형부당 원심이 선고한 형(벌금 100만 원)은 너무 무거워서 부당하다.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. The victims of the misconception of facts and misapprehension of legal principles have relatively and consistently stated the reasons why the Defendant was subject to assault from the police investigation to the court of the original trial, the method of assault, and the situation before and after the assault. Each victim’s statement is credibility, such as where the victim’s injury was committed and the degree of injury coincides with the causes and circumstances of the injury alleged by the victims.

The court below is justified in finding the facts charged of this case by integrating all the evidence presented by the court below including the statements of the victims.

Furthermore, according to the evidence duly adopted and examined by the court below, the victim C did not have the first assaulted the defendant, so there is no room for the defendant's act to constitute self-defense.

The defendant's assertion on this is without merit.

The court below is just in finding a guilty of all the facts charged of this case, and there is no error of law by misunderstanding facts or misunderstanding legal principles.

B. We also examine the Defendant and prosecutor’s assertion of unfair sentencing.

The defendant is the first offender and the victim's injury is minor.