The part of the judgment of the court below, excluding the compensation order, shall be reversed.

The defendant shall be sentenced to six months of imprisonment.

1. Summary of grounds for appeal;

A. The Defendant does not have any plucked or plicked the victim’s hand.

B. The Defendant’s act against the victim of legal principles constitutes self-defense.

C. The sentence imposed by the lower court on the Defendant (two months of imprisonment, two years of suspended execution, two years of social service, two hundred hours of imprisonment) is too unreasonable.

2. Determination

A. In the lower court’s determination of mistake of facts, the Defendant asserted the same as the grounds for appeal in this part, and the lower court, under the title “determination on whether or not the Defendant A was injured” of the judgment, provided a detailed statement of the circumstances acknowledged by the evidence duly adopted and investigated by the lower court, and determined that the Defendant guilty of the instant criminal facts by taking into account such circumstances.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and it does not seem that there was an error of law that affected the conclusion of the judgment by misunderstanding facts.

Therefore, the defendant's assertion of mistake is without merit.

B. Since the act of deception committed during a series of mutual fights, such as fighting on the assertion of misapprehension of legal principles, which caused the other party to commit acts of violence, it does not constitute self-defense (see, e.g., Supreme Court Decision 2007Do5178, Aug. 23, 2007). In light of the nature, means, etc. of the instant fighting, the Defendant’s act was committed during a series of mutual fights, and it cannot be deemed that the Defendant’s act was an act of exceeding the victim’s unfair attack, or attempted to defend

C. The degree of injury of the victim on the assertion of unfair sentencing is not somewhat weak, and the non-agreement with the victim is an unfavorable sentencing factor.

However, in the process of physical fighting with a victim, the defendant's injury in this case shall be caused by accident, and the circumstances of the crime shall be considered.