A. Although Defendant A (Definite, misunderstanding of the legal principle) was the fact that Defendant 1 was the head of Victim E, this was merely a legitimate act to cope with the victim’s assault (legal scenario) and did not commit any other assault or injury to the victim.

(M) 2.2

Defendant

B (F) The sentencing of the lower court (a fine of KRW 300,000) is too unreasonable.

2. Determination on Defendant A’s grounds of appeal

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant can recognize the facts that he assaulted the victim as shown in the facts charged, and only the confirmation of facts submitted by the defendant at the court below is insufficient to affect the above judgment, and there is no other error of mistake of facts as pointed out by the defendant.

(A) The victim, immediately after the crime of this case, states the content of the damage to the police station in a specific and consistent manner, as well as the statement made by the police station immediately after the crime of this case, is replaced by the court below. The police station taken photographs of the left damaged part and issued a written diagnosis of injury on the following day. The witness F's statement also corresponds to this and credibility.

In light of the circumstances leading up to the argument of misunderstanding legal principles, circumstances at the time of assault, age and gender of the Defendant and the victim, degree of assault, etc., the Defendant’s act of assault cannot be deemed as self-defense or legitimate act. Therefore, there is no ground for misunderstanding of legal principles.

3. Determination on Defendant B’s grounds of appeal

A. There are extenuating circumstances, such as the fact that the crime of this case resulted from the victim’s abusive intent to the Defendant while the Defendant’s wife and the victim’s wife were arguing, and that the Defendant was the first offender who had no previous criminal record.

B. Meanwhile, the victim is the defendant.