A. The Defendant, by mistake of fact, was unilaterally assaulted by the victim at the time of the instant case, and did not inflict an injury on the victim.

Therefore, the lower court found the Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (one million won penalty) is too unreasonable.

2. Determination:

가. 사실 오인 주장에 관하여 살피건대, 증인 A, G, H의 각 원심 법정 진술, 피해자에 대한 상해 진단서, 의사 소견서, 의무기록 사본 등 원심이 적법하게 채택하여 조사한 증거들을 종합하면, 이 사건 공소사실과 같이 피고인은 2015. 9. 19. 02:05 경 김해시 E에 있는 F 앞에서 주먹으로 피해자의 얼굴을 수회 때리고 발로 피해자의 얼굴을 1회 걷어찼고, 이로써 피고인은 피해자에게 약 6 주간의 치료를 요하는 안와 바닥의 골절, 폐쇄성 등의 상해를 가한 사실을 충분히 인정할 수 있다.

Therefore, the judgment of the court below is justifiable, and there is no error of mistake of facts as alleged by the defendant or his defense counsel (the defendant's act did not constitute a justifiable act, such as a justifiable act or defense of a political party, since it inflicted an injury upon the victim by actively exercising the force of force on the body of the victim in the process of disputing the victim). (b) In regard to the wrongful argument of sentencing, the victim in this case suffered significant injury to the defendant, and the court below sentenced the victim to a judgment of conviction of a fine of three million won.

On the other hand, as seen earlier, the Defendant denies the fact that the charges were sufficiently recognized as guilty and did not reflect, and the degree of injury of the victim is considerably heavy as 6 weeks in need of injury.

In addition, the court below shall consider all the circumstances of the defendant.