The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

가. 사실오인 범행 당시 피해자가 먼저 피고인의 머리를 가격하였고, 피고인이 이를 피하려는 과정에서 피해자와 같이 바닥에 넘어져 뒹굴게 된 사실은 인정하나, 이 사건 공소사실과 같이 피고인이 피해자를 밀어 넘어뜨리거나 주먹으로 얼굴을 때려 상해를 가한 사실은 없다.

B. Although the misapprehension of the legal principle recognizes the fact that the defendant abused the victim, it is merely a passive defense against the victim's active attack, and thus, it is justified as a legitimate act.

C. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. In full view of the following facts and circumstances that can be recognized by the lower court’s judgment and the evidence duly admitted and investigated by the trial court on the assertion of mistake of facts, the Defendant may sufficiently recognize the fact that the Defendant inflicted an injury by assaulting the victim as stated in the facts charged in the instant case.

Therefore, the judgment of the court below does not recognize any error of mistake as alleged by the defendant.

① Around 22:00 on December 6, 2017 from the investigative agency to the court of the court below, the victim consistently stated the circumstances and methods of the instant crime that: (a) while the victim was in a drinking house in North-gu E at port and in a dispute between the Defendant and the victim; (b) the victim saw the victim’s cruel to the face of the Defendant; (c) the Defendant led the victim out of the drinking house to the outside of the drinking house; and (d) the victim gets the victim’s face at the time of drinking on the body of the victim several occasions.

② A witness C, which was at the place of the instant crime, did not directly see the scene of assault, such as the price of the victim by the Defendant in an investigative agency and the court below. However, the Defendant got off the victim one time in the drinking house, and was on the body of the victim outside the restaurant.