The defendant's appeal is dismissed.

1. Summary of the grounds for appeal by the defendant: Legal principles (applicable only to self-defense);

2. Determination on the grounds for appeal

(a)it is common that between the persons making the same fighting match, the act of attack and the act of defense has been committed annually, and the act of defense has the nature of both sides of the act of attack at the same time, so it is difficult to regard it as a legitimate act for defense or self-defense by leaving only one of the acts of the parties;

However, in a case where one party unilaterally commits an illegal attack and the other party uses tangible force as a means of resistance to protect himself/herself from such attack and escape therefrom even if the act is deemed a new affirmative attack, the illegality is dismissed as it is reasonable to allow under the social concept (see, e.g., Supreme Court Decisions 2009Do12958, Feb. 11, 2010; 2012Do14293, Apr. 26, 2013).

피고인은 이 사건에서, 피해자의 위법한 공격으로부터 자신을 보호하고 이를 벗어나기 위한 저항 과정에서 주먹으로 피해자의 눈 부위를 1회 때리고 피해자를 끌어안고 서로 뒹구는 과정에서 피해자의 얼굴에 상처가 생겼을 뿐이라고 변소한다.

C. According to the evidence duly admitted and examined by the court below, the victim stated that the left eye of the fighting in this case was frighted, while the victim was faced with an injury, such as an inspection around the left eyebrow (in the investigation record 52 pages), the witness who observed the fighting at the time stated to the effect that "the defendant and the victim was frightd on several occasions by drinking at the time," and "the defendant was frightd on several occasions by drinking at the time" (in the investigation record 18 pages, 55 pages), and the defendant also recognized the fact that the victim was frightd on one occasion by drinking.

And the extension of the defendant is 179.5 cm.