The judgment of the court below is reversed.

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

The defendant does not pay the above fine.

1. Summary of grounds for appeal;

A. The defendant did not assault the victim of mistake, and even if the defendant resisted that he had a fact that he had flabbbbage, he had an assault from the victim in advance during the process of resisting that he had obstructed passage by assembly, and therefore constitutes self-defense.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

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

2. Determination

A. 1) Comprehensively taking account of the evidence duly admitted and examined by the court below, the defendant could sufficiently recognize the fact that the defendant took fathere and fated about five meters as stated in the facts charged in the instant case. 2) Furthermore, there is no evidence to deem that the victim had exercised the physical power first against the defendant. 2) Even if the victim had exercised the physical power first as alleged by the defendant, as alleged by the defendant, he did not aim at defending the victim's unfair attack, if it is reasonable to deem that the perpetrator's act was fatd with his intent of attack first, rather than with the aim of defending the victim's unfair attack, and the harmful act has the nature of the act of attack as well as self-defense or excessive defense (see Supreme Court Decision 200Do228, Mar. 28, 200). Therefore, it cannot be viewed as an act of attack or self-defense at the same time as an act of attack or defense.

3. Therefore, the defendant's assertion of mistake is without merit.

B. The Defendant denies the instant facts charged until the trial on the allegation of unfair sentencing.