The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. When the victim of a mistake of facts assaults the defendant, the defendant only has a fact that he/she outsides his/her hands to prevent this from causing bodily injury to the victim.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. In addition, the court below erred by misapprehending the legal principles, since the victim abuseds the defendant, and the salted fish is merely an assaulting the victim's face, and such defendant's act constitutes self-defense.

Therefore, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous in the misapprehension of legal principles.

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

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the defendant's above assertion is not accepted, since it can be recognized that the defendant was injured by the victim at the time.

1) At the time of the instant case, the victim reported to 112 on the ground that the victim was assaulted by the Defendant. If the victim had assaulted the Defendant first without any reason as alleged by the Defendant, then the victim did not have any reason to report to 112 as above, and such circumstance corresponds with the statement of the victim that the Defendant first assaulted the victim. 2) Although the Defendant was only an assaulted by the victim at an investigative agency, it is inconsistent with the statement of the injury diagnosis statement (C) and the video of the reference photograph (C face) to the effect that the Defendant did not assault the victim.

3. In addition, the Defendant continued to sprink up with the victim even after the police officer was dispatched to the scene, and due to this, the Defendant as well as the victim also knife.