The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although a mistake of fact reveals the victim's fingers, it is merely self-defense or excessive defense in the process of defending the victim's fingers because the victim's fingers were put in the defendant's speed, it constitutes the victim's self-defense or excessive defense. Nevertheless, the court below erred by misapprehending the facts that found the defendant guilty of the facts charged in this case or did not reduce or exempt the punishment.

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

2. Determination:

A. In order to establish self-defense as stipulated in Article 21 of the Criminal Act regarding the assertion of mistake of fact, the act of defense should be socially reasonable, by comprehensively taking into account various specific circumstances, such as the type, degree, method of infringement, and the type and degree of legal interest to be infringed by the act of infringement, and the kind and degree of the legal interest to be infringed by the act of defense. In a case where the act of the perpetrator was committed first, rather than for the purpose of defending the victim’s unfair attack, and the act of the perpetrator was committed against one another and went against it, the act has the nature of the act of attack at the same time as the act of defense, and thus, cannot be deemed as the act of self-defense

According to the evidence duly admitted and examined by the court below, the defendant and the victim suffered a dispute during the process of raising and wrapping each other, and ② the defendant asked the injured party's fingers to the injured party's fingers and asked the injured party's fingers to the extent of the injured party's fingers, and the defendant stated that the injured party was not at the injured party's fingers, but at the injured party's trial that the injured party's fingers were not at the injured party's fingers. However, in light of the victim's body photo (record 7 pages) and F's statement at investigation agencies (Evidence 43 pages), the defendant made the injured party's fingers to the injured party's fingers.