The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

except that the ruling shall be made for one year from the date of the final judgment.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant did not know the victim as stated in the facts charged in the instant case, and the victim extended to make the instant case a double assault. 2) Even if not, the Defendant’s act constitutes self-defense.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. 1) Examination of the assertion of mistake of facts and misapprehension of legal principles on the argument that the defendant did not assault the victim first, and examination of the evidence duly admitted and examined by the court below reveals that the defendant, while the defendant and the victim fighting on his body, left his body on the roadway from India to the road, it is difficult to accept the victim's assertion that the defendant's act constitutes self-defense. 2) Next, examination of the argument that the defendant's act constitutes self-defense is acknowledged as having been committed by assaulting the defendant first.

However, after that, the defendant gets the victim and fights against his body.

It is reasonable to view that the act of booming the victim as an act of self-defense, rather than to defend the victim's unfair attack, is an act of attacking one another and opposing one another. In such a case of fighting, the Defendant's harmful act has the nature of the act of attack at the same time as the act of attack. Therefore, it cannot be viewed as self-defense.

3. Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

B. Although there are extenuating circumstances, such as the Defendant’s denial of the instant crime and failure to agree with the victim, the instant crime was committed on the other hand, such as delaying the payment of taxi charges.