The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 800,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding the legal doctrine, the Defendant did not constitute a legitimate defense, since the victimized person was boomed beyond the victim to attack and defend the face of the Defendant and followed the victim by his appearance.

B. The Defendant was not aware of the fact that he was drinking by the victim.

(c)

The punishment of the court below (1.5 million won) which is unfair in sentencing is too unreasonable.

2. Determination

A. The act of defending the current infringement of one’s own or another’s legal interests against a political party’s defense does not constitute a legitimate defense if there are reasonable grounds (Article 10(1) of the Criminal Act). According to the evidence duly admitted and examined by the court below, the crime of this case between the victim and the defendant appears to be an act to attack the victim, but the crime of this case committed by the defendant, which was committed by taking place after the victim’s injury, is deemed to be an act to defend the victim’s infringement, and it does not constitute a case where considerable grounds exist as an act to defend the victim’s infringement.

Therefore, the above argument cannot be accepted.

B. According to the aforementioned evidence, in particular, according to the victim’s statement and video images of video CDs, etc., it is sufficient to acknowledge the Defendant’s face at the victim’s face as alleged in the facts charged.

Therefore, the above argument is without merit.

(c)

In full view of the following circumstances: (a) the degree and circumstance of the injury inflicted by the Defendant on the victim; (b) the victim does not want the punishment against the Defendant; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc., the sentencing of the lower court is too unreasonable.

3. According to the conclusion, the defendant's appeal is reasonable, and the judgment of the court below is in accordance with Article 364 (6) of the Criminal Procedure Act.