The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. At the time of the misunderstanding of facts, the Defendant committed the instant assault in order to avoid unilateral assault by the victim B (hereinafter “victim”). As such, the Defendant did not have the intent to commit the instant assault.

B. Although the intention of misunderstanding the legal doctrine is recognized, it constitutes a defensive act, and thus constitutes a legitimate defense or a legitimate act.

C. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. At the time of judgment on the assertion of mistake of facts, the Defendant committed the instant assault during the commission of an act of resistance to avoid unilateral assault by the victim B (hereinafter “victim”), and thus, there was no intention of assault.

The argument is asserted.

그러나 원심 및 당 심에서 적법하게 채택한 증거에 의하여 인정되는 다음과 같은 사정, 즉 ① 피해자는 피고인이 사건 현장인 차 안에서 자신을 발로 찼다고

A consistent statement from an investigative agency, <2> at the end of the driver’s seat of the vehicle at that time;

H also considered that in the investigative agency and the court of the court below, the defendant was suffering from the victim.

When making statements, he/she has observed his/her surrounding body of the victim due to the salutism and taken a photograph with a cellular phone.

(3) In full view of the above statements and objective circumstances, the defendant's act of attacking the victim with his intent to attack the victim, and the defendant's allegation in this part is without merit. The defendant's act of attacking around the victim's entrance is not justified. The defendant's assertion in this part is without merit. The defendant's act of attacking the victim's act of attacking the victim's act of attacking the victim's act of attacking the victim's act of attacking the victim.

B. The perpetrator’s act of determining the misapprehension of the legal doctrine.