The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant’s act constitutes self-defense inasmuch as the victim E committed an assault against the Defendant while intending the Defendant, thereby defending himself/herself.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 3.5 million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances, which can be recognized by the lower court’s duly adopted and investigated evidence, the lower court may recognize that the Defendant committed an assault against the victim without any reason despite that the Defendant did not assault the Defendant. Thus, the Defendant’s act constitutes an attack rather than a defensive act, and thus, cannot be deemed as self-defense.

The defendant's assertion of legal principles is without merit.

① The victim stated that “the defendant committed an assault against the victim without any reason while taking the victim’s fingers and desire to do so.” The F at the scene of the instant crime also made a statement to the same effect. The victim’s statement may be reliable.

② The Defendant made a statement in an investigative agency to the effect that “the victim has abused the victim by threateninging the victim’s face”, and the lower court made a statement that “no fact has committed any assault against the victim,” and that “the victim has first committed any assault against the victim by assaulting the victim,” and that “the victim has first committed any assault against the victim” in the trial. The Defendant’s statement is difficult to credibility.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the determination of sentencing of

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Defendant agreed with the victim B.

A defendant shall be subject to criminal punishment for the last ten years.