A. Defendant 1) In the event of mistake of facts or misapprehension of legal principles, there was no fact at the time of the instant case where the Defendant’s head was found to be the victim’s head due to drinking, and the victim’s head was first pushed ahead of the Defendant’s neck, and the Defendant’s act constitutes self-defense or legitimate act. Therefore, the above act by the Defendant constitutes self-defense or legitimate act. Furthermore, the Defendant’s act first committed an assault against the Defendant at the time of assaulting the Defendant and A, and thus, it cannot be deemed that the Defendant committed a “joint assault with A”. Nevertheless, the lower court found the Defendant guilty of violating the Punishment of Violences, etc. Act (joint assault) among the facts charged in the instant case against the Defendant, there was an error of law by mistake of facts or misapprehension of legal principles. (2) The lower court’s punishment (two months of imprisonment and two

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

2. Determination

A. According to the evidence duly adopted and examined by the court below on the assertion of mistake of facts or misapprehension of legal principles, the judgment was finalized on April 29, 2020 by having been sentenced to imprisonment for eight months due to special injury by the defendant, a co-defendant and the defendant as the defendant.

During this dispute with the victim, the defendant has taken the head of the victim's head, and immediately after that, he can sufficiently recognize the fact that he/she has left the face of the victim with a prior road he/she was in possession of A.

In addition to the statements (Evidence No. 288 pages 288) made by a witness G prosecutor's office (Evidence No. 288 pages) that "the defendant tried to keep the victim together with A, even after the victim's head was taken time off," it is reasonable to view that the defendant committed assault against the victim jointly with A.

In addition, at the time of the instant case, the victim first fell into the name of the defendant.