1. The part of the judgment of the court below against Defendant A is reversed.

2. The pronouncement of sentence against Defendant A shall be suspended;

3...

1. Summary of grounds for appeal;

A. Defendant A1) Even if there was a fighting on the body between the Defendant and the Victim B, it constitutes a legitimate act or self-defense as a passive resistance, and the victim’s written diagnosis issued is due to self-harm. 2) The lower court’s sentence of unfair sentencing (one month of imprisonment and two years of suspended execution) is too unreasonable.

B. According to the evidence submitted by the prosecutor (the fact-finding person), the fact that Defendant B inflicted an injury on the victim A by pushing the victim A can be fully recognized.

2. Determination

A. As to Defendant A’s assertion of misunderstanding of facts or misapprehension of legal principles, the judgment of the court below also made the same assertion in the court below, and as to this, the court below decided that the Defendant’s act of passive defense cannot be deemed as a legitimate act of self-defense or legitimate defense, on the ground that the Defendant’s act of defense is not a means of resistance to protect the victim’s unfair attack and to avoid the victim’s protection and escape from the victim’s act of defense, in full view of the motive, circumstance, means and method of action, as well as the circumstances after the crime, etc., the Defendant’s act of defense cannot be deemed as a passive defense.

B) If the circumstances of the court below's judgment are compared with the records and attitude, the above judgment of the court below is just, and there is no error as alleged by the defendant. Therefore, this part of the defendant's assertion of unreasonable sentencing is without merit.