A. The defendant does not have a misunderstanding of facts as to B.

The lower court found the Defendant guilty of the instant facts charged on the grounds of the respective legal statements set forth in B and D, but, in light of the fact that B did not assault the Defendant, and that D’s statements are consistent or unclear, it is difficult to recognize its credibility.

Nevertheless, the court below found the defendant guilty of facts charged, and the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. In light of the legal principles, even if the Defendant was involved in the Plaintiff’s loss towards B, it constitutes a self-defense or a legitimate act because it is merely an able and passive defense against an imminent attack.

Nevertheless, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

C. The sentence imposed by the court below on the defendant (the fine of 300,000 won) is too unreasonable.

2. Determination

A. In light of the content of the first instance judgment regarding the assertion of mistake of facts and the evidence duly examined by the first instance court, if there are extenuating circumstances to deem that the first instance court’s determination on the credibility of a statement made by a witness of the first instance was clearly erroneous, or if the first instance court’s determination on the credibility of a statement made by a witness of the first instance is deemed significantly unfair considering the result of the first instance court’s examination and the result of additional examination of evidence by the time the argument of the appellate court is concluded, the appellate court shall respect the first instance judgment, and shall not without such exceptional circumstances reverse the judgment on the fact-finding of the first instance without permission (see, e.g., Supreme Court Decisions 2011Do5313, Jun. 14, 2012; 2016Do18031, Mar. 22, 2017). The Defendant and the Defendant’s defense counsel of the lower court.