A. misunderstanding of facts and misapprehension of legal principles, the Defendant, at the time of the instant case, committed assault against the victim at the time of the instant case due to drinking, mountain rain, etc., and assaulted the victim to defend him. Although the Defendant constitutes legitimate defense, the lower court, which found the Defendant guilty, erred by misunderstanding of facts and misapprehending of legal principles.

B. The sentence of the lower court (an amount of KRW 5,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. In a case where it is reasonable to view that the perpetrator’s act of judgment as to the mistake of facts and misapprehension of the legal principles constitutes an attack, rather than an attempt to defend the victim’s unfair attack, and thus, the perpetrator took the attack first and took the attack against it, and that he/she took the attack against it, it cannot be viewed as a legitimate defense (see Supreme Court Decision 2000Do228, Mar. 28, 200). According to the evidence duly adopted and investigated by the court below, the victim’s act of attack against the defendant is recognized.

However, according to the above evidence, the following facts are also acknowledged.

While the defendant and the victim were in a dispute, the defendant had flabbbling the victim's hand, flabed the victim, and flabed the victim, and the victim was friendly on the defendant.

Since then, the defendant and the victim have committed violence against the other party, and in the process, the injured party has also displayed the secret and inserted.

On the other hand, the defendant's assaulting of the victim has the nature of the act of attack at the same time, which is a defensive act, so it cannot be viewed as an act to defend the victim's unjust attack.

Therefore, the defendant's assertion is without merit, since the facts constituting the crime of the court below against the defendant can be fully recognized, and the defendant's act cannot be viewed as a legitimate defense.

(b).