A. The Defendant did not commit any assault against the victim, and did not have any intention to commit any assault.

B. Legal principles, even if the Defendant’s assault is recognized, this constitutes self-defense or legitimate act.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, ① the defendant has taken several times since before the occurrence of the instant case, on the grounds that the wife of the victim was not the defendant's speech, etc., and ② the defendant was able to take time off the victim's body first at the bus stop even after Jan. 2, 2017, when the instant case took place, he saw the victim's child first at the bus stop. The victim was able to inform the defendant's family members of the said fact as above, and the dispute between the defendant and the victim occurred. ③ The defendant was able to take place on Jan. 2, 2017 at the entrance of the apartment Cdong 34 Ra, a 34 Ra, who was living on Jan. 21, 2017, and the victim was able to take part in the victim's physical injury, ④ The victim was able to take part in the victim's body and the victim's body, ⑤ The victim was able to take part in the victim's body.

Therefore, the above judgment of the court below is just.