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. misunderstanding of facts and misapprehension of legal principles, the Defendant was merely less than the victim’s timber, and did not cause the victim to be pushed ahead, and even that was to prevent the victim from interfering with his/her business. Thus, it does not constitute a political party defense and constitutes a crime.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. According to the records, misunderstanding of facts and misapprehension of legal principles 1), the victim was found to have dried up and pushed down the defendant.

In addition, even if the defendant made a statement in part of the defendant's statement, it is recognized that the defendant gets less than the part of the victim and was closely involved in the defendant's statement.

2) Furthermore, even if the Defendant’s act constitutes a legitimate defense or legitimate act, the victim committed an inappropriate act, such as having a credit rating on the Defendant, but the victim did so.

Thus, the defendant's act does not constitute a legitimate defense or legitimate act in light of the legal interest infringed and the type of legal interest to be protected, the proportionality, etc.

3) Therefore, the Defendant’s mistake of facts and misapprehension of the legal doctrine are without merit.

B. Sentencing is a primary offender with no history of punishment, and the victim was laid down on the floor of the level of credit rating and exercised tangible power, such as putting the victim less neck, etc., which can be considered in the course of committing the crime, and the type of force exercised by the defendant is relatively minor.

In addition, comprehensively taking account of the defendant's age, sex, environment, circumstances leading to the crime, and circumstances after the crime, etc. as shown in records and pleadings, the sentence of the court below is excessively unreasonable.

Therefore, the defendant's improper argument in sentencing is partially accepted.

3. Accordingly, the defendant's appeal is justified.