The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In fact, misunderstanding the legal principles and misunderstanding the defendant 2-3 times a drinking to the victim, but the victim did not fit, and there is no fact that the victim's body was sealed or boomed.

Therefore, the injury suffered by the defendant is not caused by the act of the defendant.

It is found that the defendant has exercised the force of force against the victim

Even if this is a passive resistance to defend the victim's attack, it is a legitimate act.

B. The sentence of a fine of KRW 1.5 million sentenced by the lower court is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. Around October 28, 2016, the summary of the facts charged was assaulted by the Defendant, i.e., the victim C’s body and the victim’s body were tightly flabed on the road in front of Gangdong-gu Seoul Metropolitan Government on the ground that the Defendant was glabed with each other on the grounds that the Defendant was flabed with the Defendant in front of Gangdong-gu, Seoul, and the Defendant had flabed two times the Defendant’s face with flab with flabing the Defendant’s flab, and flabed with the Defendant’s face by drinking flabing the Defendant’s body by hand, and assaulted the Defendant at one time the victim’s flab by drinking.

As a result, the Defendant inflicted injury on the victim such as salt, tension, etc. on the part of the detailed uncertainty of the elbow in need of approximately two weeks of treatment.

B. The lower court found the victim guilty of the instant facts charged by comprehensively taking account of the evidence, such as the victim’s legal statement and diagnosis.

(c)

(1) According to the evidence duly adopted and examined by the court below, the facts that the defendant continued to drink against the victim, and the victim's personal injury can be acknowledged as the victim's personal injury.

In the crime of homicide, violence means the exercise of physical tangible force against a human body, and therefore it is necessary to have contact with the body of the victim.