The defendant's appeal is dismissed.

Summary of Grounds for Appeal

In other words, the defendant did not commit an assault against the victim's face face due to misunderstanding of facts, and even if recognized, this constitutes legitimate self-defense or legitimate act.

The punishment (fine 700,000 won) sentenced by the court below on unreasonable sentencing is too unreasonable.

Judgment

The Defendant alleged as above in the lower court’s assertion of mistake of fact, and the lower court rejected the Defendant’s assertion on the ground that the Defendant’s act does not constitute self-defense or legitimate act, according to the victim’s statement and E’s statement.

Examining the reasoning of the judgment below with the records of this case closely, the above judgment of the court below is just.

This part of the defendant's assertion is without merit.

If there is no change in the conditions of sentencing compared to the judgment of the first instance court on the assertion of unfair sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court. In full view of the factors revealed in the argument in the instant case, the lower court’s sentencing is too excessive to exceed the reasonable scope of discretion, and thus, does not seem to have exceeded the reasonable scope of discretion.

This part of the defendant's assertion is without merit.

The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.