The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)

A. At the time of the misunderstanding of facts, the victim was under the influence of alcohol, and the defendant was fighting with the victim, but there was no fact that the victim inflicted an injury, such as dulververization of the upper right frame, etc., on the part of the victim.

B. In light of the legal principles, the Defendant’s act constitutes a justifiable act in view of the fact that the victim was a woman of the husband of the Defendant, the victim who was sexual intercourse, and the victim who was sexual intercourse was willinging to the Defendant, and that the Defendant was a victim to protect himself.

C. The first instance court’s punishment of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined in the first instance trial as to the assertion of mistake of facts, and the fact that the victim C has made a specific and consistent statement in an investigative agency to the effect that the Defendant was unafford by his own arms, it can be sufficiently recognized that the Defendant inflicted an injury on the victim, such as crushing and cutting down the upper pelvis, as stated in the judgment of the first instance court

Therefore, the defendant's assertion of mistake cannot be accepted.

B. In addition, in light of the aforementioned evidence, the Defendant’s act constitutes a justifiable act or a passive resistance, which does not go against the social norms, and cannot be deemed as a justifiable act, in full view of the motive, circumstance, mode, and degree of injury of the victim while fighting with the victim’s body, and the victim’s intent of attack as stated in the first instance judgment.

Therefore, the defendant's assertion of legal principles cannot be accepted.

C. The degree of injury in the instant case is not less exceptionally applied to the assertion of unfair sentencing, and the Defendant did not reach an agreement with the victim, etc., which are disadvantageous to the Defendant, or the Defendant.