The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. The Defendant’s act against the victim of legal principles constitutes self-defense.

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

Judgment

A. According to the record of self-defense, even though the fact that the victim inflicted an injury upon the defendant's chest by breaking the defendant's chest, the court below held that the defendant's act exercised tangible force as a means of resistance to protect him/her from the attack and escape therefrom, considering the specific circumstances at the time of the instant crime committed by evidence duly admitted and investigated by the court below, the victim's injury level and degree, the relationship between the defendant and the victim, and the easiness of avoidance.

It should be evaluated as a new active attack rather than a new attack.

Therefore, it is difficult to see that the defendant's act constitutes legitimate defense because it is an act to defend the present unfair infringement. Therefore, the argument that the defendant's act constitutes legitimate defense is groundless.

B. In full view of the factors of favorable sentencing, including the fact that the Defendant was injured by assault by the victim, the fact that the Defendant agreed on the sole basis with the victim, etc., and the various factors of sentencing as indicated in the pleadings, including the background of the instant crime, the circumstances after the instant crime, the relationship with the victim, the Defendant’s age, character and conduct, environment, etc., the lower court’s sentence is not deemed to be too unreasonable, and thus, the Defendant’s assertion

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.