A. In the misunderstanding of facts and misapprehension of legal principles, the injury of the victim's 5th finger, etc. is not caused by the Defendant's assault.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts and misapprehension of legal principles. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below. In other words, the victim made a statement at the court of the trial that "the victim was plaled, plaled, and plaled, plaled, plaled, etc. to prevent the defendant from taking part in the victim's injury." This victim's statement is highly reliable because it is natural to explain the situation at the time of dispute consistent with the investigation agency, which was consistent with the investigation agency, and the defendant argued that the above injury suffered by the victim was caused by the victim's assault against the defendant, but considering the content and degree of the victim's assault exercised by the victim (the face of the defendant was 1 time by hand, and the defendant was saluted beyond the floor). Thus, the victim's above argument can not be justified.

B. Although the Defendant appears to have committed the instant crime by having the victim be subject to violence first from the victim, it appears that the Defendant committed the instant crime by contingency. However, the number of assault by the Defendant does not have much number, and the degree of injury suffered by the victim is difficult to deem that the victim was not subject to punishment based on the victim’s genuine intent, and there is no expression of intent to impose punishment based on the victim’s genuine intent, the same kind of violence division has been conducted once, and the Defendant’s age, character and conduct, environment, motive and background of the instant