The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

가. 사실오인 내지 법리오해 피고인은 E의 어깨를 밀치고 손으로 목을 밀었을 뿐 양손으로 피해자의 목을 움켜쥔 적은 없는바, 피고인의 이러한 행위는 모 B와 E의 몸싸움을 말리기 위한 것으로서 정당방위 내지 정당행위에 해당한다.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined in the judgment of the court below and the court below as to the assertion of mistake of facts, ① the F stated in the investigative agency and the court of the court below that “F made three times of learning E in good faith, and failed to wear the shoulder,” and even from the investigative agency to the court of the court of the court below, “E made a statement from the investigation agency to the purport that the Defendant was able to take the shoulder in good faith again with two descendants at four times in good hands, and that he started witness from the middle of the fighting.” As F began to witness it, F and E’s statements are relatively consistent, concrete, and consistent with each other; ② Defendant also recognized the shoulder fact that E was sealed to speak the fighting of B and E, but this case was prosecuted as an assault, not an assault crime, and it is sufficiently recognized that the Defendant exercised the force necessary for the use of the crime of assault, as the crime of assault was sufficiently recognized.

B. The judgment of the court below on the assertion of legal principles also asserted the same purport, and the court below rejected the defendant's assertion on the ground that the defendant's act cannot be deemed as satisfying the requirements of self-defense or act in light of the circumstance of the occurrence of the case and the method and degree of violence. The court below duly adopted and investigated the evidence.