The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding the legal principles and misunderstanding the victim had his head at the time of the instant case, and the defendant was sealed by his hand in order to escape the above situation.

The act of a defendant constitutes legitimate defense.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant asserted the same purport as the above argument at the lower court, and as to this, the lower court is difficult to view that the victimized person’s head toward the chest of the Defendant was an attack against the Defendant, and it does not constitute a considerable act to protect the Defendant from unjust infringement.

The decision was determined.

2) Examining the reasoning of the lower judgment by closely comparing the records of the instant case, the lower court’s aforementioned determination is justifiable.

3) This part of the Defendant’s assertion is without merit.

B. 1) In the event that there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). 2) In light of the foregoing legal doctrine, there is no particular change in the sentencing conditions compared with the lower court’s judgment on the grounds that new materials for sentencing have not been submitted in the trial, and the sentencing reasons revealed in the oral proceedings of the instant case were considered to have been too excessive and exceeded the reasonable scope of discretion.

It does not appear.

3) The Defendant’s assertion on this part is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.