The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In regard to the crime of mistake of facts or misapprehension of legal principles, the Defendant (2013No. 6296) committed the crime of assault (2013 high-level 6296) was frightened by the victim, but did not have the victim’s hand. As seen above, the Defendant’s act in relation to the offense of insult (2) was committed in order to avoid self-defense or the victim’s assault (2014 high-level 2155) as well as to avoid the victim’s assault and knee and knee.

At the time of the act against the victim D, only the civil petitioner, other than the defendant and the victim, who was the legal representative of the defendant, was in the vicinity of Seoul Central District Court Act No. 312, but did not have any other person or not have any other person.

At the time of the act against the victim F, it was within a distance from around the victim's family, except the defendant and the victim, to hear only the victim's family.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts or misapprehension of legal principles as to the crime of assault (1) where it is reasonable to view that the perpetrator’s act was committed with the intent of attacking one another rather than with a view to defending the victim’s unfair attack, and that the act was committed against one another, it cannot be viewed as self-defense, as it has the nature of the act of attack at the same time as the act of attack (see, e.g., Supreme Court Decision 2003Do4934, Jun. 25, 2004). In addition, the act of attack and defense conducted by one another continuously crosses the act of attack and the act of defense simultaneously takes the character of both attack and act of defense, and therefore only one of the parties’ act is a legitimate act for defensive defense or self-defense.