The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant, as a misunderstanding of fact, exercised force to oppose the assault of the victimized person, a legitimate defense is established, and the injury suffered by the injured person is not caused by the Defendant’s assault.

Nevertheless, the judgment of the court below which pronounced the defendant guilty is erroneous in the misconception of facts.

B. The sentence of the lower court’s unfair sentencing (hereinafter 3,00,000 won) is too heavy.

2. Determination

A. The Defendant alleged the same purport as the grounds for appeal on this part of the judgment below, and the court below rejected the above assertion in detail by providing a detailed judgment on the above argument under the title “the judgment on the Defendants and their defense counsel’s assertion” in the judgment.

In light of the fact-finding with regard to the Gwangju Regional Headquarters of the National Health Insurance Corporation at the court of the first instance, the court below acknowledged that the victim had received dental treatment five times until June 22, 2017 from Hental Hospital on May 25, 2017 due to the commencement of dental treatment under the name of illness, such as dental spawn, etc., it is sufficiently recognized that the victim suffered injury as stated in the facts charged due to the Defendant’s assault, and it is difficult to view that such assault by the Defendant constitutes legitimate defense.

Therefore, the judgment of the court below that recognized the crime of injury to the defendant is just, and there is no error that affected the conclusion of the judgment by misunderstanding the facts, and this part of the defendant

B. There is no change in the sentencing conditions compared with the original judgment, as the new sentencing data has not been submitted at the trial of the lower court regarding the unfair argument of sentencing. In full view of the content of the instant crime, the background of the instant case, the relationship with the victim, and other various sentencing conditions indicated in the record, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and attitudes.