The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal by the defendant;

A. (1) A misunderstanding of facts (1) The Defendant, who was in assault D, tried to draw fatherb in the front door, tried to catch the fat, and the Defendant was pushed off the fat door in order to gather the situation by closing the front door, and thus, the Defendant’s act is dismissed as it is for the purpose of defending the unfair infringement of D’s rights and thus, it is unlawful.

Nevertheless, the lower court found the Defendant guilty of the facts charged of the instant assault and thereby erred by mistake.

(2) In order to prevent the injury E and D from closing the door of the door, the Defendant was placed in the position of leaving the door of the door, and the Defendant was in front of using the door of the door of the door.

E의 가슴팍을 짚게 되었을 뿐 E를 밀어 폭행한 것이 아니며, E가 입은 상해는 피고인에 의해 생긴 것이 아니다.

Nevertheless, the lower court found the Defendant guilty of the facts charged of the instant injury, thereby erroneous.

B. In light of the fact that the criminal defendant committed the instant crime for the purpose of defending the victim D and E’s unfair infringement, and suffered serious injury due to the victims, the sentence of the lower court that sentenced KRW 500,000 is too unreasonable.

2. Determination

A. The Defendant alleged in the lower court that the Defendant’s act constitutes a legitimate defense or a legitimate act, and the lower court rejected the Defendant’s assertion and found the Defendant guilty of the facts charged of the instant assault on the grounds as stated in its reasoning.

The court below duly adopted and examined the following circumstances, i.e., the victim D, under investigation conducted by an investigative agency, and the defendant tried to close the entrance and exit of the defendant before the defendant's office, and the defendant was pushed the door door door door by blocking the defendant's door door, and the defendant was knife the defendant.