The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles did not inflict an injury on the victim, and there was such fact.

Even if the victim committed an attack, there is illegality as a legitimate defense in light of the victim's first attack.

subsection (b) of this section.

B. The sentence sentenced by the lower court (hereinafter “the penalty amount of KRW 2,00,000”) is too unreasonable.

2. According to the victim’s statement, etc. of the victim’s assertion of misunderstanding of facts and misapprehension of the legal doctrine, the fact that the Defendant inflicted an injury on the victim can be acknowledged.

In addition, where it is reasonable to view that the perpetrator's act was fested with one another's intent to attack one another's unfair attack rather than to defend the victim's unfair attack, and that the perpetrator's act was committed against one another's attack, and the attack was committed at the same time as the defensive act is an act of attack, and at the same time, it cannot be viewed as a legitimate defense (Supreme Court Decision 2000Do228 delivered on March 28, 200). According to the records of this case, the defendant can be found to have acknowledged the fact that the defendant was fighting with the victim in dispute with the victim about the cause of a traffic accident, and caused the same injury as above. In light of all other circumstances, the defendant was able to attack with the victim with the intent of attack, and the defendant was to defend the victim's unfair attack.

shall not be deemed to exist.

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

3. There are extenuating circumstances, such as the fact that the victim did not suffer any injury to the victim in determining the unfair argument of sentencing.

However, considering the fact that the defendant was punished by a fine for the same crime, the fact that the defendant did not receive a letter from the injured party, and other various sentencing conditions such as the defendant's age, sex, environment, motive, means and consequence of the crime, degree of damage, and circumstances after the crime, the punishment imposed by the court below is too unreasonable.

4. Thus, the defendant's appeal is without merit.