The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

가. 사실오인 피고인은 피해자의 선제공격에서 벗어나기 위해 발버둥을 쳤을 뿐 피해자의 얼굴을 발로 차 상해를 가한 사실이 없고, 가사 피해자의 얼굴을 발로 찼다고 하더라도 이는 정당방위에 해당함에도, 피고인을 유죄로 인정한 원심은 사실을 오인하였다.

B. The sentence of an unreasonable sentencing (the fine of 300,000 won) of the lower court is too heavy.

2. Determination

A. We examine the argument of mistake of facts: (a) the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim stated consistently at the investigative agency and the court below that he had the face from the defendant; (b) the investigative agency immediately after the instant case arrested the defendant and the victim; and (c) the victim taken a photo of knife on the face of the victim’s face; (c) the defendant asserted that dust on the surface of the vehicle in the vicinity of the victim was taken into the victim’s face; but in light of its form, the defendant claims that the dust on the surface of the vehicle in the vicinity of the victim was taken into account; (c) according to the arrest letter prepared by the police officer on the scene, the defendant and the victim showed their face and stated that the victim was punished by the other party, as stated in the judgment of the court below, can be acknowledged.

Meanwhile, in light of the overall circumstances, such as the victim and the other party’s means of harm and the degree of injury to the other party, the occurrence of the case, etc., the Defendant’s act, rather than to defend the victim’s unfair attack, was satisfyed with the intent of attacking one another, and satisfy against it.