The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

There is only a fact that the defendant was unilaterally assaulted by the victim C by the mistake of facts, and has not been committed by the victims.

It is true that the defendant in misunderstanding the legal principles did breath of the victim C, but it is illegal as it constitutes self-defense.

The sentence of the lower court’s unreasonable sentencing (fine 2.5 million won) is too unreasonable.

Judgment

The following circumstances that can be recognized by the evidence duly adopted and examined in the court of the court below's argument of mistake of facts: (i) the victim C was a drinking face from the defendant in the court of the court of the court below; (ii) the victim also stated that he was faced with a beer disease due to an assault from him; and (iii) the witness G, H, M, and F also made a statement to the effect that he was aware of the victim C; (iv) the witness G, H, M, and F were consistent with the court of the court below, and supported the victim C's face; and (iv) the above witness's statement is mutually consistent with each other in its concrete contents; (v) the defendant's statement is consistently maintained in the investigation stage to the court of the court of the court below; and (v) there is no reason to deny the credibility of each statement; and (v) there is no reason to deny the credibility of each statement made by the defendant to the victim E, as stated in the facts charged in this case.

Therefore, this part of the defendant's argument is without merit.

In order to establish self-defense stipulated in Article 21 of the Criminal Code claiming legal principles, all kinds of legal interests infringed by the act of infringement, such as the type, degree and method of infringement, and the kind and degree of legal interests infringed by the act of defense.