The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The misapprehension of the legal principle is a self-defense to defend the victim's flabbage, where the Defendant flabed the victim's flab and flabed the victim's flab.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Determination

가. 법리오해 주장에 대하여 수사보고서에 첨부된 CCTV 동영상에 의하면, 피고인과 피해자가 말다툼을 하는 상태에서 피해자가 피고인의 이마를 향해 손을 뻗자 피고인이 본인의 손으로 피해자의 손을 뿌리쳤고, 앉아 있던 피고인이 피해자에게 삿대질을 하며 말을 하다가 갑자기 일어나 피해자의 멱살을 잡았다가 놓았고, 이어서 피고인이 피해자의 머리를 치려는 시늉을 하여 피해자가 피고인의 이마를 밀자 피고인도 피해자의 이마를 친 사실을 인정할 수 있다.

Considering the above facts in light of all the circumstances revealed in the records, such as the motive and circumstance in which the defendant and the victim have become aware of a dispute and the situation before and after the assault, it is reasonable to view that the defendant's act has the nature of an attack as an affirmative attack beyond the limit of passive defense against the victim's attack. Therefore, it does not constitute self

Therefore, this part of the defendant's assertion is rejected.

B. There is no change in the conditions of sentencing compared with the first instance court on the assertion of unfair sentencing, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the allegation of unfair sentencing (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no new circumstance to change the sentence of the lower court in the first instance court, and the lower court’s sentencing is too excessive even if considering all the factors of sentencing indicated in the instant argument, such as the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime.