There is no misunderstanding of facts or misunderstanding of legal principles that the defendant has committed several times as the facts charged.

In order to defend the victim's severe assault, the victim's buck was only once bucked and boomed together with breath, so this constitutes self-defense.

The punishment of the court below (the fine of 500,000 won) sentenced by the court below on the defendant is too unreasonable.

Judgment

Violence in a crime of assaulting a mistake of facts or misapprehension of legal principles refers to the exercise of physical tangible power against a human body, and the exercise of such tangible power means physical pain.

Therefore, the part recognized by the defendant, “an act of using buck cream or breathing the other party” also constitutes violence, and even if examining the evidence duly adopted and examined by the court below, the fact that the defendant committed an assault against the victim, such as the facts charged, can be fully recognized.

Furthermore, in full view of the following circumstances: (a) the extent and content of the Defendant’s use of force; (b) the formation of the instant case and the background leading up to the crime; and (c) the degree of damage inflicted on the victim by the Defendant’s use of the Defendant’s assault, the Defendant’s

The fact that the defendant's judgment on the assertion of unfair sentencing is old, and that the defendant and the victim suffered an injury that is not less complicated by exercising violence between the defendant and the victim can be considered in favor of sentencing.

However, in light of the fact that the defendant has a criminal record in the same way, the defendant appears to have given the victim's spouse the cause of the instant case by giving him/her a trial fee, etc., and other various sentencing conditions such as character, conduct, environment, motive, means and consequence of the crime, etc., it cannot be said that the sentence imposed by the court below is too unreasonable.

In conclusion, this conclusion is followed.