The judgment below

The part against the defendant shall be reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles only passive resistance against the victim's assault and did not inflict injury on the victim. Although the defendant's act constitutes self-defense or legitimate act, the court below erred by misunderstanding of facts or misunderstanding of legal principles that found the defendant guilty of the facts charged in this case and thereby affected the judgment.

B. The sentence imposed by the lower court on the Defendant (two months of imprisonment and two years of suspended execution) is too unreasonable.

2. Determination

A. 1) With regard to the assertion of mistake of facts or misapprehension of legal principles, the lower court found the Defendant guilty of the instant charges on the ground that the Defendant committed an injury to the victim by committing an act, such as quihing the victim’s face at hand and quihing, as indicated in the instant charges, with the victim’s face as indicated in the instant charges, and on the ground that the Defendant’s act cannot be deemed legitimate self-defense in light of the circumstance leading up to fighting and the method and degree of violence, and the part and degree of injury, etc. of the Defendant and the victim, the lower court found the Defendant guilty of the instant charges on the ground that the Defendant’s act cannot be deemed as legitimate self-defense. 2) The following circumstances acknowledged by the evidence duly adopted and examined by the lower court: (i) the Defendant was under dispute between the victim and the lessee of the apartment owned by the Defendant and the neighboring park of the apartment house, and (ii) the Defendant began to do so by putting the victim’s face or booming the victim’s face.