A. 1) The Defendant, as stated in the facts charged, spits or misunderstanding of legal principles, spits or spits on the face of the victim as soon as possible, and spits on the left-hand side. 2) Even if the Defendant inflicted an injury, as stated in the facts charged, even if the Defendant inflicted an injury on the victim, such act occurred in the process of preventing the victim from booming the victim’s cream, and thus

B. The sentence of a fine of KRW 700,000 imposed by the court below on the defendant is too unreasonable.

2. Determination

A. 1) In order to establish self-defense under Article 21 of the Criminal Act, the act of defense shall be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, and the type and degree of legal interest to be infringed by the act of infringement, and the kind of legal interest to be infringed by the act of defense. In a case where it is reasonable to deem that the act of the perpetrator was committed first with the intent of attack, rather than with the aim of defending the victim's unfair attack, and the act of attack was committed first, and the act of attack was committed against it, it cannot be deemed as self-defense, since it has the nature of attack as well as the act of attack (see, e.g., Supreme Court Decision 2003Do4934, Jun. 25, 2004). The evidence duly admitted and duly examined by the court below, i.e., the victim's oral statement from an investigative agency to the court below that "the victim's face" was spit by the victim.