The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles, the victim was shaking the head of the Defendant’s flag, and the Defendant’s flag had the head of the Defendant’s flag, thereby getting out of the Defendant’s shoulder. Therefore, the Defendant’s act is a legitimate act under Article 20 of the Criminal Act, since the Defendant’s act does not go beyond the bounds of passive defense as a means of resistance to protect himself/herself from the unilateral illegal attack of the other party and escape therefrom.

B. The lower court’s sentencing (the amount of KRW 500,000 of a fine) is too unreasonable.

2. Determination on the grounds for appeal

A. Regarding the assertion of misunderstanding legal principles, it is common to say that the act of attack and defense has been conducted through a series of acts of attack and defense at the same time, and the act of attack is deemed to fall under "political act" or "self-defense" for the purpose of defense by leaving only one of the acts of attack. However, even if it appears to be fighting between the two parties, in fact one party unilaterally commits an illegal attack and the other party uses tangible power as a means of resistance to protect himself/herself from such attack and escape from such attack, unless it is deemed to be a new active attack, this is reasonable in light of social concept and illegality is dismissed (see, e.g., Supreme Court Decision 2009Do12958, Feb. 11, 2010). According to the evidence duly adopted and investigated at the court below, according to the evidence duly admitted and investigated by the victim, the victim is aware of the defendant's head's knish and the victim's knish with his/her hand, and the victim's knick.