A. The Defendant did not have any mistake of facts and misapprehension of legal principles as stated in the judgment of the court below.

Even if the defendant was flobbling of the victim, he is a passive act against the victim's excessive assault and self-defense.

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

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the following circumstances acknowledged by the evidence duly examined and adopted by the court below, namely, ① the Defendant: (a) the Defendant: (b) found the Defendant’s husband F was assaulted by the victim; and (c) during that process, the Defendant and the victim were punished; (b) the victim made a relatively consistent statement to the effect that fighting was boomed from the Defendant; and (c) the Defendant also made a statement to the effect that the Defendant was booming the victim’s breath during the process of dispute with the victim at an investigative agency, and corresponds to the victim’s statement (Evidence records 75,95 pages); and (d) in full view of the facts consistent with the victim’s statement, the Defendant sufficiently recognized the fact that the Defendant inflicted an injury by assaulting the victim, such as breathing the victim’s bridge,

In addition, in light of the background, means, and consequences of the instant crime, the Defendant did fighting with the victim with the intent of assault, and thus, it cannot be deemed as self-defense or legitimate act.

B. As to the assertion on unfair sentencing, the victim’s injury is relatively minor; the defendant also suffered injury, such as cerebral leins, salvines, tensions, etc. requiring treatment for about 20 days by assaulting the victim; and the fact that there is no criminal power exceeding the fine, etc. is favorable to the defendant.

However, until the trial is held, the victim agrees with the victim.