The judgment of the court below is reversed.

The defendant shall be innocent.

【Judgment on Grounds for Appeal】

1. The summary of the grounds for appeal is that C’s act of causing bodily injury to C in the course of preventing the Defendant from spreading away from the appearance of the Defendant, and subsequent C’s act constitutes self-defense or legitimate act by considerable action to defend the present danger.

(M) In addition, the lower court’s punishment (2 million won of fine) against the Defendant is too unreasonable.

2. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged was around 04:30 on October 20, 2013, the Defendant called the employee C to charge mobile phone in the “D hotel” box in Ma at the time of harmony, but C did not charge but did not cause any charge while doing so.

The Defendant inflicted an injury on the number of treatment days by assaulting the victim’s face one time by bating C, bather, drinking, etc. while being "bat off."

B. The lower court determined that the Defendant’s act constituted self-defense or legitimate act is difficult to view that the Defendant’s act constituted self-defense.

3. The act of attack and defense was conducted annually between the fighting parties, and the act of attack and defense was conducted at the same time, and the act of defense was also characterized by both sides, which are the act of attack, so it is common that it is difficult to view it as a legitimate act for defense or self-defense because only one of the acts of the parties was committed.

However, even if the outer fighting seems to be conducted, if one party unilaterally commits an illegal attack and the other party uses tangible power as a means of resistance to protect himself/herself from such attack and escape therefrom, it is new positive action.