The appeal by the prosecutor and the defendant shall be dismissed.

1. Summary of grounds for appeal;

A. Of the facts charged of this case, the part of the crime of assault in this case is merely a fact that the victim first raised the victim to defend the victim's face by keeping the victim's face, and constitutes self-defense. 2) As to the part of the facts charged of this case, the defendant did not inflict any injury on the victim as stated in this part of the facts charged, and the part suffered by the victim at the time is merely a part of the victim's own television.

3) Nevertheless, the judgment of the court below which found all of the facts charged in this case guilty is erroneous by misunderstanding the facts and thereby adversely affecting the conclusion of the judgment. (B) The suspension of sentence of a fine of one million won, which the court below rendered by the public prosecutor, is too uneasible and

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to each part of the Defendant’s argument of mistake of facts: ① the victim made a statement corresponding to this part of the facts charged from the investigation agency to the court below’s trial; ② the witness F of the court below also made a statement corresponding to this part; ② the Defendant acknowledged that there was dispute, such as the victim’s abusiveing and talking at the time of the instant case; ③ the Defendant’s testimony is credibility in the victim’s statement in light of the motive and circumstance of the instant dispute; ③ even based on the Defendant’s witness I’s partial statement of the court below, the F was found at the victim’s house and the Defendant and the victim were found to be “I would have word. I would have word the Defendant and the victim.” The victim did not ask the victim where he would have satd, anywhere,” and normally did not ask the victim where she simply made a marital fighting.