The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant was assaulted by the victim and resisted the victim passively, and did not actively assault the victim, such as the instant facts charged.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts are: (a) the victim stated that while the defendant was in dispute with the defendant on the ground that the vehicle of the defendant was hindered in the operation of the victim at the time of the instant case, the victim had consistently shown that he was satisfing and satisfing the body of the victim; (b) the witness M made the witness stated that "at the time of the instant case, the defendant and the victim were satisfing the body with a large voice and satisfing the victim's hand on the road at the time of the instant case; (c) while the defendant and the victim have dispute with the defendant, the witness stated that "the defendant had the defect in making the victim move the vehicle at the road while the defendant and the victim have been satisfing on the road, the victim did not satisfing the body of the victim; and (d) the defendant did not have to satisfing the victim's hand."

Even if the victim first assaulted the defendant as alleged by the defendant, in light of all the circumstances revealed in the records of this case, such as the motive and circumstance leading up to fighting and the situation before and after fighting, the above act of assault by the defendant constitutes an attack by the victim.