The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

misunderstanding of facts or misunderstanding of legal principles, the Defendant was subject to unilateral assault from E and the victim F, and the victim was trying to report to the police with the cell phone while flapsing, and the victim got off the cell phone, and thereafter, the victim got away the cell phone, and then the victim was able to find the cell phone and face the face of the vehicle. Therefore, the judgment of the court below is erroneous in misunderstanding of facts or misunderstanding of legal principles as follows.

First, the statements of the victim and E are false when the defendant did not assault the victim and the defendant assaulted the victim.

Second, not the defendant's cell phone, but the victim's body was cleeped for the purpose of making a cell phone, so it was not anticipated that the victim was flicking, and the vehicle was not coming from the opposite part, but it was not expected that the vehicle was flicking, and that there was a result of the injury of the victim's face with the wheels of the vehicle due to the excessive vehicle traffic volume at the time.

Third, the illegality should be avoided because the defendant's act constitutes self-defense or legitimate act, and the punishment should be mitigated or exempted as it constitutes excessive defense at least.

The punishment imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, two years of social service, 80 hours of imprisonment) is too unreasonable.

Judgment

On the grounds of its stated reasoning, the lower court, as to the assertion of misunderstanding of facts or misapprehension of legal doctrine, can sufficiently recognize the fact that the Defendant committed an assault by force force against the victim, and could have sufficiently predicted that the Defendant would suffer an injury, such as shocking the victim’s vehicle on the road at the time of the assaulting the victim on the road, and that the Defendant and the victim were sealed with the intent of attacking one another, only the Defendant’s act.