The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. The defendant's act constitutes self-defense or legitimate act, since the defendant's act constitutes self-defense. The defendant's act constitutes self-defense or legitimate act, as it is deemed that the defendant's act constitutes self-defense.

The victim was diagnosed at the hospital that he/she suffered from the injury of the conical splate splate, which requires four weeks of treatment, but the above injury is not caused by the act of the defendant.

The lower court found the Defendant guilty of the facts charged of this case was erroneous or erroneous by misapprehending the legal doctrine.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. The act of attack and defense has been conducted consecutively between the fighting matchers in line with the determination of the assertion of mistake of facts, and the act of attack and defense has the nature of both the act of attack and the act of defense at the same time, so it is common that it is difficult to view that the act of a political party for defense or self-defense is constituted a legitimate act for defense or self-defense

However, in a case where one party unilaterally commits an unlawful attack and the other party uses tangible force as a means of resistance to protect himself/herself from such attack and escape therefrom, even if the act is not deemed a new affirmative attack, it is reasonable to view that it is reasonable to allow under the concept of society (see, e.g., Supreme Court Decision 2009Do12958, Feb. 11, 2010). According to the evidence duly admitted and examined by the court below, the following facts or circumstances are recognized:

In other words, the victim consistently takes the defendant from the investigative agency to the court of the court of the court below, and is closely pushing ahead with the defendant.