The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In order to avoid violence against the defendant first, the defendant of mistake of facts did not commit the crime as stated in the judgment of the court below with an intentional injury.

B. The defendant's act of misapprehension of legal principles is not illegal as it constitutes a justifiable act.

C. The lower court’s sentence (700,000 won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined in the court below's erroneous determination of facts, the defendant could be found to have inflicted injury on the victim D as stated in the facts constituting the crime in the judgment below, so the above assertion by the defendant is without merit.

B. In ordinary sense, it is difficult to view that the act of attack and defense has been conducted through a series of acts of attack and defense, and that the act of attack was "political act" or "self-defense" because only one of the parties' acts was committed at the same time (see, e.g., Supreme Court Decision 2009Do12958, Feb. 11, 2010). In the process of the defendant's fighting with the victim while fighting with the victim, while fighting with the victim, she was faced with the back part of the victim's clothes while she was pushed back, and the victim's upper part was shocked. In other words, considering the developments leading up to the occurrence of the case, the situation at the time of the occurrence, the degree of injury suffered by the defendant by the victim by the violence of the victim, and the reasonableness of the method of responding to the defendant's actions, the defendant's act cannot be viewed as a justifiable act, and therefore, the defendant's above assertion is without merit.

C. The victim appears to have exercised more serious violence against the defendant during the process of wrapping up with the defendant and the victim's custody, and the victim's injury caused by the defendant's crime of this case.