The judgment of the first instance is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

가. 사실오인 및 법리오해 피고인은 피해자 D가 젓가락으로 눈을 찌르려고 하여 젓가락을 잡았고 그 과정에서 피해자와 함께 넘어져 뒹굴었을 뿐이므로, 피해자를 폭행하지 않았고 그로 인하여 피해자에게 상해를 입게 하지도 않았다. 가사 피고인의 행위가 폭행치상의 구성요건에 해당하더라도 이는 피해자의 부당한 공격을 방어하기 위한 행위로서 형법상 정당방위에 해당하여 위법성이 조각된다.

B. In light of the fact that the instant case occurred due to the attack by the victim of unreasonable sentencing, the first instance court’s punishment (one million won of fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the first instance court on the assertion of mistake of facts and misapprehension of legal principles are as follows: ① the victim D was under the influence of alcohol at the time of the instant case, demanded the Defendant to make a daily allowance in advance, and the Defendant strongly denied the fact that the Defendant was 1 million won in cash prior to the instant case in the situation where a dispute occurred between the Defendant and the Defendant, and the Defendant took a strong view of denying it; ② the Defendant was able to take a view of “the blance of the blance, so long as the blance has to flick down,” and the Defendant was able to take a blance with the victim, and the two were flick up to the bottom, and immediately thereafter, the victim was able to blick up on the floor, and the victim was able to blick up, and the knee and kneth off the eth of the instant case.