The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

가. 사실오인 내지 법리오해 피고인이 피해자로부터 폭행을 당하는 과정에서 피해자의 가슴 부위 등을 손톱으로 할퀸 사실은 없을 뿐 아니라, 설사 피고인이 피해자에게 상해를 가하였다고 하더라도 피고인의 행위는 피해자에 의한 현재의 부당한 침해를 방위하기 위한 행위로서 상당한 이유가 있어 형법 제21조 소정의 정당방위에 해당한다.

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

2. Determination

A. Since the act of attack and defense was conducted by a person who conducted a fighting in line with the determination of the assertion of mistake of facts or misapprehension of legal principles, and the act of defense was of the nature of both attack and defense, it is common that it is difficult to view only one party’s act as a legitimate act for defense or self-defense by removing it.

However, even if the crime of this case seems to be fighting one another, if one party unilaterally makes an illegal attack and the other party uses tangible force as a means of resistance to protect himself/herself from such attack and escape it, it is reasonable that the act is reasonable that it can be permitted in light of social concept, unless it is evaluated as a new affirmative attack (see Supreme Court Decision 2009Do12958, Feb. 11, 2010). The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, (i) the crime of this case was committed while the defendant and the victim were in progress on the ground that the victim did not report the defendant's chest, and (ii) the victim was likely to have abused the victim because the defendant was removed from the investigative agency to the court of the court of the court below, and the victim was also seen in the process.