The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not inflict any injury on the victim D, such as the entries in the judgment of the court below.

In light of the statements of C and H, a witness at the time, there is no credibility of the victim D's statement that corresponds to the facts charged, and the defendant only took DNA head debt at a passive defense level against D's assault.

In addition, even if the defendant assaulted D, such act constitutes self-defense because the defendant's act was committed to escape from or defend against D's improper attack.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in misunderstanding of facts or misunderstanding of legal principles.

B. The sentence imposed by the court below on the defendant (2.5 million won of a fine) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for changes in the indictment of this case as stated below, and the subject of the trial against the Defendant was changed by this court’s permission. As such, the judgment of the court below is no longer maintained.

However, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, despite the above reasons for ex officio reversal.

B. In other words, the victim D, at the court of the court below, stated the following facts and circumstances that the court below duly adopted and investigated the evidence and found it possible to comprehensively consider the evidence: (i) the victim led the defendant to wear the head debt in the court of the court below; (ii) the defendant, outside the parking lot of the building, continuously led the head debt to the floor, and continuously led the head debt to the upper 10 meters; and (iii) the witness at the time.