A. In fact, misunderstanding the legal doctrine and misunderstanding the defendant's head debt, lost the balance of the defendant's head debt, and was sealed towards the defendant's hand, and the defendant did not have the victim's face at one time, and the defendant's head debt was used to defend the victim's assault, thereby constituting a legitimate defense.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.

B. The punishment sentenced by the lower court (the penalty amount of KRW 700,000) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below on the assertion of misunderstanding of facts and legal principles, in particular, the witness E and F’s respective legal statements, police statements in C, etc., the defendant can see the victim’s click at one time, the victim’s head click, and the fact that the victim’s head click, and the victim committed assault against the defendant.

Even if the above act of the defendant has the nature of the act of attack, it does not constitute a legitimate defense under the Criminal Act.

The above assertion by the defendant is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In such a case, there is no change in the conditions of sentencing compared to the lower court’s judgment, and there is no change in the conditions of sentencing compared to the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., when comprehensively considering the various circumstances that form the conditions of sentencing in the lower court’s deliberation process, including the Defendant’s age, sex and behavior, environment, motive, means and consequence of the crime, the lower court’s sentencing is deemed appropriate,

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