All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding, misunderstanding of the legal doctrine (defendants) committed an act of assaulting the victim and selling his/her arms against the victim’s assault, and only contact the victim’s face, without the victim’s intent of assault, constitutes a legitimate defense against the victim’s assault.

B. The punishment sentenced by the lower court (3 million won) is too heavy or unhued (the Defendant) and (the prosecutor).

2. Determination

A. As to the assertion of misunderstanding the facts and misapprehension of the legal doctrine, the defendant argued the same purport in the court below, and as to this, the court below rejected the defendant's assertion on the following grounds: (a) considering the evidence as stated in the judgment of the court below, the defendant appears to have continuously set up against the left part of the arms and used them to assault the victim on a mobile phone; and (b) the defendant's act cannot be viewed as an act of

The reasoning of the judgment below is closely examined by comparing the reasoning of the judgment below with records, and in particular, even in light of the degree of assault by the victim appearing in CCTV images recorded at the time of the instant case and the form of assault by the defendant against the victim on a mobile phone, the above judgment of the court below is just and it is not erroneous in the misapprehension of legal principles as alleged by the defendant.

B. In full view of all of the circumstances that the court below rendered on the grounds of sentencing, including the fact that the injured party first assaulted the accused, the accused was a victim of the same kind of crime including suspended execution, and the fact that the accused did not agree with the injured party until the appellate court and the level of injury to the injured party was relatively heavy, and all of the sentencing conditions in the records and arguments of this case including the records and arguments of this case, the sentence imposed by the court below is deemed appropriate, and it is deemed unfair because it is too heavy or too harsh, and thus, the argument of the unjust sentencing by the accused

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