Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

A. misunderstanding of facts and misunderstanding of legal principles have a fact that the defendant saw a victim's breath, but this is merely a passive resistance and thus the illegality of the defendant is dismissed. Thus, the judgment of the court below that recognized the defendant as an assaulting the victim and convicted the victim of the facts charged of this case is erroneous in the misapprehension of legal principles, which affected the conclusion

B. The lower court’s sentence on the Defendant of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. 1) Comprehensively taking account of the evidence duly admitted and examined by the court below, the fact that the defendant committed an assault against the victim by carrying the victim’s fat, such as fating the victim’s fat, and bating the part of the victim’s body as stated in the judgment of the court below. 2) In light of the motive and background leading up to the crime of this case, the method and form of the crime, the circumstances before and after the crime of this case, the degree of damage inflicted on the defendant and the victim, it is difficult to view that the defendant’s act did not go beyond the bounds of passive defense as a means of resistance to protect the victim’s unlawful attack and escape therefrom.

3. Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just and there is no error of law by misunderstanding facts or by misunderstanding the legal principles, which affected the conclusion of the judgment.

Therefore, this part of the defendant's argument is without merit.

B. The Defendant’s decision on the assertion of unfair sentencing is an unfavorable circumstance to the Defendant that the Defendant agreed with or did not recover damage from the victim.

However, the defendant was the first offender with no criminal history, and the crime of this case was committed in the course of dispute with the victim, and the victim was first assaulted and set up against the defendant, and the circumstances leading to the crime are.