The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. The misunderstanding of facts and misapprehension of the legal doctrine committed an assault first by a person who misunderstanding the Defendant’s breath, and dump, etc., and the Defendant only defended the victim’s aggressive act.

Therefore, the Defendant did not commit an assault against the victim, and even if there was an act of aiding and abetting the Defendant.

Even if it is an act to defend the attack of the victim, it constitutes a legitimate defense or legitimate act.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination

A. Judgment 1 on the misunderstanding of the facts and the legal doctrine was rendered as follows based on the evidence duly adopted and investigated.

As stated in the judgment of the court below, the defendant and the victim recognized that they were flabing and spathing with each other, and on the contrary, the defendant was unilaterally assaulted by the victim and defended or passively resisted by the victim.

It is difficult to see it.

2) In light of the records, we affirm the above fact finding and judgment of the court below is just and there is an error of law by misunderstanding of facts and misunderstanding of legal principles as alleged by the defendant in the judgment below.

subsection (b) of this section.

Defendant’s assertion is not accepted.

B. A favorable circumstance is that there is no previous conviction more than twice for the Defendant to determine the unfair argument of sentencing; that the victim parked twice in front of the Defendant’s vehicle; and that the victim was the trigger of fighting and caused the motive of the instant assault; and that the degree of assault is relatively minor.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, family relation, circumstances after the commission of the crime, the circumstances after the crime, and the type of punishment (300,000 won) sentenced to the victim due to the instant fighting, etc., the lower court’s punishment is too unreasonable.