The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles and improper sentencing)

A. The lower court found the Defendant guilty of the facts charged in the instant case without any assaulting the victim as stated in the facts charged, inasmuch as the Defendant unilaterally committed the part of the Defendant’s head from the victimized person, by double descendants who prevented the Defendant’s head, and thereby, did not assault the victim as stated in the facts charged.

B. Legal doctrine misunderstandings, even if the Defendant committed assault against the victim as stated in the facts charged.

The judgment of the court below which found the defendant guilty in the absence of illegality as it constitutes a legitimate defense or legitimate act since it was an act of defense to avoid an attack by the victim.

(c)

The punishment of the court below (two years of suspended execution, protection observation, and community service order 120 hours in the six-month imprisonment) is too unreasonable.

2. Determination

A. The following circumstances are acknowledged by the evidence duly admitted and investigated by the lower court and the trial court. In other words, from the investigative agency to the investigation agency, the victim was faced with the victim's hack with the Defendant's hand while the victim was in the process with the victim within the previous vehicle, and the victim was faced with the victim's hack with the Defendant's hand.

When considering the consistent statement, the witness’s statement within the previous police station at the time of the occurrence of the instant case conforms to the victim’s statement, the circumstance of the Defendant India case is merely a dispute about the background of the Defendant India case, and the fact that the Defendant does not appear to deny the fact that the Defendant was faced with the victim’s body or the Defendant’s wife on the math, the facts charged of the instant case can be acknowledged based on the evidence submitted by the prosecutor. As such, the judgment of the court below that made the conclusion is asserted by the Defendant.