A. misunderstanding of facts and misunderstanding of legal principles are the victims who were under the influence of alcohol, and they merely prevented the victims from defending them, and they do not intentionally injure the victims, so the judgment of the court below which found the Defendant guilty of the facts charged in this case is erroneous in misunderstanding of facts and misapprehension of legal principles

B. The sentence (one million won of fine) imposed by the lower court 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 and misapprehension of legal principles, the defendant can be found to have inflicted bodily injury on the victim as stated in the facts charged.

Furthermore, we examine whether the defendant's act constitutes self-defense or legitimate act.

The defendant asserts that he would prevent the victim from defending him, but the defendant made a statement that the victim was able to have been faced with the victim's quizzle, other than the victim, at the time of the police statement, other women than the victim, and stated in the formal trial request and the statement of grounds of appeal that the victim was pushed about. The defendant's arguments on the circumstances beyond the victim are inconsistent, and it is difficult to accept such argument as it is, and there is no other evidence to deem that the defendant's act constitutes self-defense or legitimate act.

Even if the defendant argued, the victim was injured.

However, considering the fact that the defendant's act constitutes self-defense or legitimate act, it is difficult to view that the defendant's act constitutes self-defense or legitimate act.

Defendant’s assertion is not accepted.

B. The lower court’s judgment on the assertion of unfair sentencing shall be punished by a fine against the Defendant, taking into account the details of medical expenses paid to the victim.