상해
The defendant's appeal is dismissed.
1. The main point of the grounds of appeal is that the defendant only respondeded to the victim's assault first at the defensive level, and thus constitutes self-defense or legitimate act. Even if not, the sentencing of the court below is too unreasonable.
2. Determination
A. In full view of the evidence duly admitted and examined by the court below as to the self-defense or the assertion of a legitimate act, the defendant started to assault each other, taking into account the following facts: (a) the defendant was found to have inflicted an injury on the victim by selling the victim's face at a number of times in the process; and (b) such act of the defendant has the nature of the act of attack at the same time as the act of defense, and thus, it cannot be deemed as self-defense.
Therefore, the defendant's above assertion is without merit.
B. Next, the lower court’s sentencing is reasonable in light of the following circumstances: (a) the Defendant had a criminal record of having been punished several times as fines for the same kind of crime; (b) the victim has been issued a summary order of a fine of one million won in the instant case; (c) the motive and circumstance of the instant crime; (d) the circumstances after the instant crime; (e) the Defendant’s age, character and conduct, and environment; and (e) other various circumstances, which are the conditions for sentencing specified in the instant records and arguments, including
3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.