The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. 1) The Defendant’s assertion of mistake of facts is erroneous in misunderstanding of facts in the judgment of the court below that found the Defendant guilty of the charges, even though the Defendant’s act of extending off the hand constitutes a justifiable act as a passive defensive act, as it is a passive defensive act. 2) The sentence (5 million won of fine) imposed by the court below on the Defendant of unfair sentencing is too unreasonable.

B. The Prosecutor’s assertion that the Defendant’s above sentence imposed by the lower court is too unfasible and unreasonable.

2. Determination

A. According to the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, ① the dynamic image and CCTV image taken by the victim’s wife, the defendant satisfying the victim’s face toward the face while leaving the victim’s face, and extending out the victim’s left face, is not found, and the victim satisfy or exercises a tangible force against the defendant. The defendant’s hand does not seem to be defense; ② according to the above images, the defendant’s hand is in contact with the victim’s face, and the victim appears to go beyond the victim’s face immediately; ③ In light of the fact that the victim’s face in the medical certificate submitted by the victim was ordinarily occurring in the victim’s face, the defendant’s satisfys or exercises a tangible force against the victim’s hand, and thus, the argument of mistake of facts cannot be justified.

However, among the facts charged by the court below, it is necessary to treat the victim's face for about five weeks.