The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged, even if the defendant's act of assault by misunderstanding the legal principles was committed against the victim's attack and was committed at the defensive level, as it constitutes a legitimate defense or legitimate act, is erroneous in the misapprehension of legal principles

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

2. Determination

A. Although the lower court also asserted the same purport as the grounds for appeal, whether the Defendant constitutes a political party defense or a justifiable act, the lower court, in light of the course, method, and degree, etc. of exercising the force against the victim, committed an active attack beyond the passive defense act.

For the reason that evaluation is reasonable, the defendant's above assertion was rejected because it was judged that the act of assault by the defendant cannot be viewed as a legitimate defense or a legitimate act.

In light of the evidence duly adopted and examined by the court below, since the defendant's act of assaulting the victim as stated in the facts of the crime in the judgment below is sufficiently recognized, since the defendant's act of assaulting the victim is at the same time a defensive act, and it cannot be viewed as a legitimate defense or a legitimate act, since the defendant's act of assault is at the same time a defensive act.

Therefore, the defendant's above assertion is without merit.

B. The Defendant’s criminal act that was committed against the Kenya victim as a matter of the mother’s miscarriage of her mother regarding the determination of the unfair argument of sentencing is an offense, and the victim is not obligated to suffer damage, and there is no criminal record against the Defendant, etc., that is favorable to the Defendant, or that the degree of assault is not easy, but did not reach an agreement with the victim, other Defendant’s age, sex and environment, relationship with the victim, and after the crime.