The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant alleged a mistake of fact was unilaterally assaulted by E and I, and he did not go beyond the floor, but he did not commit an assault, such as spathing a victim’s breath by cutting spath.

Nevertheless, 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. The Defendant alleged misunderstanding of the legal doctrine that he had flapsed E

Even if this is a passive resistance that occurred in the course of deviating from the unilateral desire and assault of E, it is a legitimate defense as an act of social reasonableness or an act to defend the current unfair infringement.

Nevertheless, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment.

(c)

In light of the fact that the defendant was an act to escape from E’s violence, that the defendant was also subject to assault from E and suffered bodily injury requiring two-day medical treatment, and that he was the first offender, the punishment (400,000 won penalty) sentenced by the court below is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, namely, E, the Defendant stated that the Defendant was removed by satisfing his fat, and that he was removed by satisfing, and corresponding to this, N was fatfing with the Defendant and E.

In full view of the fact that the defendant stated, and the CCTV image appears to be a situation where the defendant is saved rather than unilaterally facing, the defendant abused E.

full recognition may be accepted.

The defendant's assertion of facts is without merit.

B. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of misapprehension of the legal doctrine are E.