A. Fact-finding is not a misunderstanding defendant first facing the victim, but it is nothing more than a misunderstanding victim's assaulting the defendant against the defendant and the victim by assaulting the victim with a view to the victim, and the defendant's fighting has not been set up after the fighting of the people around the area was terminated, and then the defendant was in the ground and left the ground, and expressed a decentralization. However, the misunderstanding of the legal principles, such as when the defendant faces the face of the victim, etc., is an act that led to a threat of concealment in the process suitable for the head of the victim, and constitutes legitimate defense.

(c)

The punishment sentenced by the court below which is unfair in sentencing (five million won in penalty) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion of mistake of facts, namely, the victim, as consistent from the investigative agency to the court of the lower court, was the head of the Defendant, who was using the health stuff in the front of the Defendant, due to a brupt of a brush, going against the victim.

F and G also present as a witness in the court of original trial in the fact that they stated the situation at that time, and that F and G also present in the court of original trial and tried to see the defendant toward the victim.

In particular, F made a statement that the defendant was first faced with the victim and then the victim was deprived of the defendant.

In full view of the facts that are consistent with the statements made by the victim, the fact that the defendant left the victim first can be recognized.

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

B. The lower court rejected the Defendant’s assertion in detail on the part of the last part of the evidence column of the judgment, on the ground that the Defendant alleged as the ground for appeal in this part of this part of the lower court’s judgment, and recorded the above judgment of the lower court.