A. In cases of misunderstanding of facts, the victim's injury caused by misunderstanding of facts shall not be deemed to have resulted from the defendant's act, and the causal relationship between the defendant's act and the result of the victim's injury shall not be recognized.

Nevertheless, the judgment of the court below which found the above facts guilty is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (700,000 won of a fine) is too unreasonable.

2. Determination

A. (i) As to the assertion of mistake of fact, the Defendant also asserted the same as the grounds for appeal for mistake of fact, but the lower court duly admitted and investigated the evidence, and subsequently rejected the Defendant’s allegation, and then recognized the instant facts charged.

In light of the following circumstances acknowledged by the evidence duly admitted prior to the judgment of the court below, the defendant may be recognized as having inflicted the victim with the same injury as the above facts charged (such as the left-hand salt, etc. requiring medical treatment for 18 days).

The defendant's argument in this part of the appeal shall not be accepted.

㈎ 피고인은 당시 “피해자가 욕을 하며 때리려고 해서, 제가 ‘때려보라’고 몸을 바짝 들이대니까 피해자가 오른손 주먹으로 왼쪽 가슴을, 왼쪽 주먹으로 오른속 턱 1대 때려 제가 뒤로 바닥에 넘어졌다. 그래서 제가 화가 나서 일어나 ‘또 때려보라’고 하면서 피해자 가슴부위로 제 머리를 들이댔다. 그랬더니 피해자가 양손으로 제 목 부위를 여러 차례 밀어 다시 뒤로 넘어졌다”(증거기록 제14쪽)는 취지로 진술하고 있다.

Although the victim denied in the investigative agency that "the defendant was at the time of the defendant's chest due to her head, prevented him from using his chest, and did not assault the defendant," the prosecutor also denies the defendant's assertion.