The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. A. Since a person who suffers from misunderstanding of facts leads the defendant to the face of the victim two times, he/she constitutes a legitimate defense.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. The lower court acknowledged the following facts based on the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, namely, the Defendant and the victim were satisfling each other at the time of the instant case, and the victim was the head of the Defendant.

However, in light of the fact that the Defendant took the victim's face at a time beyond the extent of removing the victim from the Defendant, laid the victim's face on the floor of a room, and laid the victim's on the part of the victim, the Defendant's act appears to have been fighting with the victim's intent of attack rather than exercising the victim's tangible power to escape or defend the victim's wrongful attack. Thus, it cannot be said that the Defendant's act constitutes legitimate defense.

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

B. It is desirable to refrain from rendering a judgment of the court of first instance by destroying the judgment of the court of first instance solely on the ground that the sentence of first instance falls within the reasonable scope of discretion but is somewhat different from the opinion of the appellate court (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, it is desirable to refrain from rendering a judgment of the court of first instance (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In a lawsuit claiming damages against the Defendant, etc. (Seoul District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 2015Ga2761), the Defendant was given a recommendation for reconciliation between the Defendant and the victim, but the Defendant was actually given a recommendation for reconciliation.