A. The fact that there was a physical contact between the defendant and the victim at the time of the case of mistake of facts, but this is only an occurrence in the course of avoiding the victim as the victim prevented the victim from passing ahead with the defendant's order and assaulted the defendant. Thus, the defendant cannot be deemed to have abused the victim.

In addition, when physical contact occurs with the defendant intentionally due to such circumstance, the victim is faced with the back string, and the defendant does not assault the victim so that the defendant is faced with the taxi.

B. In light of the legal principles, physical contact between the Defendant and the victim constitutes assault.

Even if it is legitimate act or self-defense, it constitutes legitimate act or self-defense.

C. The lower court’s sentence of an unreasonable sentencing (700,000 won) against the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. 1) Determination of the misunderstanding of facts and misapprehension of legal principles in the crime of assault under Article 260 of the Criminal Act refers to the exercise of unlawful tangible force against human body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, circumstances at the time of the act, mode and type of the act, existence and degree of suffering to the victim, etc.

B. On September 24, 2009, it is common that the act of attack and defense has been committed consecutively, and the act of attack and defense has the nature of both the act of attack and the act of defense at the same time, so it is difficult to view it as a legitimate act for defense or self-defense because only one of the acts of attack and the act of defense has the nature of both parties.

However, even if the outer fighting is viewed as one of the fightings, in fact one of the parties unilaterally commits an illegal attack, and the other party exercises tangible power as a means of resistance to protect himself from such attack and escape it.