A. There was no mistake of fact that the defendant assaulted the victim as stated in the facts charged in this case.

B. Although the misapprehension of the legal principle acknowledged that a part of the assault by the victim, such as fluoring the victim’s reputation, was inevitably committed in the course of defending the victim’s unilateral assault, the Defendant’s act constitutes self-defense and thus, illegality is excluded.

2. Determination

A. The court below found the defendant guilty of the facts charged in this case in light of the victim's statement and witness's credibility while making a detailed statement of this part of the defendant's assertion of misunderstanding of facts and its judgment, which correspond to the facts charged in this case. If the court below's aforementioned determination of evidence is closely compared with the records, the judgment of the court below is just, and it cannot be said that there is an error of law that affected the conclusion of the judgment by misunderstanding of facts, and therefore

B. We examine the misapprehension of the legal principle’s assertion. In order to establish self-defense as stipulated under Article 21 of the Criminal Act, the act of defense must be socially reasonable in light of all specific circumstances, such as the type, degree, method of infringement, and the type and degree of legal interest to be infringed by the act of infringement, and the kind and degree of legal interest to be infringed by the act of defense. In a case where it is reasonable to deem that the act of the perpetrator was committed with the intent of attacking one another rather than with the aim of defending the victim’s unfair attack, and that the act was committed with the intent of attacking one another, and caused the attack against it, the act has the nature of the act of attack at the same time as

(See Supreme Court Decisions 200Do228 delivered on March 28, 2000, and 2003Do4934 delivered on June 25, 2004, etc.). In light of the above legal principles, the health stand for the instant case.