A. The Defendant’s act of misunderstanding the facts and misapprehension of the legal doctrine did not have the intention of assault against an influenite victim’s threat, and even if the intent was recognized, it constitutes a legitimate defense or legitimate act for defense.

B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to KRW 500,00) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of misunderstanding of facts and misapprehension of legal doctrine, namely, ① in a situation where both the Defendant and the victim did not proceed to the direct and physical exercise of force toward the Defendant, the Defendant first committed an act in the indictment.

A statement is made by the Defendant (Provided, That the Defendant first exercised the physical power through the insulting speech;

However, it is difficult to view this as an exercise of physical force necessary for physical restraint, and ② In full view of the fact that the Defendant and the victim of the instant facts charged acknowledged that the act of the instant facts charged occurred in the course of covering the victim by handphones while the Defendant and the victim were at horse fighting, the Defendant may be recognized as having exercised physical force, and the Defendant also committed this act in a situation where the victim did not directly and physically exercise physical force. In addition, the Defendant did not directly exercise physical force, and thus, the Defendant cannot be deemed as a lawful defense or legitimate act, and thus, the Defendant’s act cannot be deemed as a legitimate defense or legitimate act.

Therefore, the defendant's above assertion is without merit.

B. It is advantageous to the fact that the defendant did not have the same criminal history, and that the degree of violence is not serious.

However, during a mutual dispute, an act of assault has been committed on a preemptive basis, and does not violate the crime of this case.