The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are only the victim's attack to the defendant due to a stick, and the defendant raised his hand to defend him, and thus, the defendant's act without the intention of assault is a self-defense or excessive defense.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles can be revealed by the evidence duly adopted and investigated by the court below. In other words, at the time of this case, the victim was faced with the defendant's arms and used on the floor (the part of the evidence record No. 8 CCTV images No. 51, 52, and 53 of the evidence list) and caused an incrimination of the victim's face. The defendant seems to have taken into account the difference between the defendant and the victim's age (the age of 57 years at the time of this case, and the victim: 82 years) and the degree of the exercise of tangible force under the victim's age difference (the age of 57 years at the time of this case). In light of the following circumstances, the defendant's intentional self-defense is acknowledged, and the defendant's act cannot be viewed as an incrimination of the victim's defense means and degree of harm to the defendant, the method and result of comparison of the defendant's act, etc.

B. Considering the fact that the victim is aged, the degree of assault by the defendant is not less severe, and the victim is not agreed with the victim, but the victim is a stick.