Therefore, the defendant's act constitutes self-defense to escape from the current illegal infringement due to violence.

Nevertheless, the lower court found the Defendant guilty of the facts charged in the instant case erred by misapprehending the facts.

2. Determination

A. First of all, as stated in the facts of the crime in the judgment below, the health account is as to whether the defendant assaulted the victim's face, and the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., from the investigative agency to the court of the court below, the victim made a concrete and consistent statement on the damaged facts to the effect that "the victim has damaged the victim's face one time at drinking, and exceeded the victim's floor", and the victim's vehicle becomes a vision due to the victim's front or part of the defendant's vehicle, and it is natural that the victim's vehicle was assaulted by each other, and ② from the investigative agency to the court of the court of the court of the court below, D at the scene of the case also stated from the investigative agency to the court of the court of the court of the court below to the effect that "the defendant was fighting with the victim's statement and the facts of the case, which correspond to the victim's statement and the victim's statement to the extent to which the victim and the victim's statement were not consistent with the victim's motive or circumstances.