A. Although the defendant's assertion of mistake of facts was a citizen of the victim, there was no injury by making the victim beyond the victim, and the defendant's above act constitutes legitimate act which does not constitute self-defense or contravene social norms, the judgment of the court below which found the defendant guilty is erroneous in misunderstanding of facts.

B. The Prosecutor’s assertion of unfair sentencing by the lower court (a fine of 500,000 won and a suspended sentence) is too uneasible and unreasonable.

2. Determination

A. The lower court duly admitted and examined the Defendant’s assertion of mistake of facts as follows: (i) the Defendant voluntarily testified that there was a fact that the victim’s face was pushed ahead of the victim’s face; (ii) the victim, at the police investigation of the instant case, made a statement to the effect that the police investigation was consistent with the victim’s statement; (iii) the victim submitted the written diagnosis at the time of submitting the written complaint to the investigation agency on the following day; (iv) the injured person’s name stated in the written diagnosis of injury was inside the left left side of the lue base; and (b) the injury was 20 days in total and the degree and degree of the injury was consistent with the above assault part and degree; and (iv) there was no evidence to acknowledge that there was a circumstance that the victim suffered injury or prepared a false diagnosis report due to the victim’s assault from a third party; and (v) there was no possibility that the victim could have made a witness testimony more than once than once in favor of the witness.