The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, by misapprehending the legal doctrine, committed a unilateral attack against the victimized party, only caused the victim one to two times. As such, the Defendant’s act constitutes a legitimate defense or legitimate act.

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

2. Determination

A. The lower court determined that the Defendant’s act does not constitute a legitimate defense in light of the degree and circumstance of the assault committed by the victim, although the Defendant was subject to the first assault from the damaged person, and the Defendant committed an assault against the victim even though other persons were humping from the Defendant while humping the victim, and in light of the degree and circumstance of the assault committed by the Defendant.

Examining the judgment of the court below and the first instance court in comparison with the evidence duly adopted and examined, the judgment of the court below is just, and there is an error of law by misunderstanding the legal principles alleged by the defendant in the judgment below

In light of the relationship between the Defendant and the victim, the background leading up to the occurrence of the instant case, the content and degree of each assault against the Defendant and the victim, and the circumstances before and after, the Defendant’s act of assault appears to have been committed beyond the passive act of defense, and it is difficult to see that the means and method are reasonable, and it is difficult to accept the Defendant’s assertion that the act constitutes a justifiable act. Therefore, the Defendant’s assertion of misunderstanding of the legal doctrine

B. The sentencing of a judgment on an unfair assertion of sentencing is based on the statutory penalty, and the discretionary judgment that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.

However, under the principle of court-oriented trials and the principle of direct jurisdiction, the first deliberation sentencing, which is respected by our criminal litigation law, shall be deliberated on the inherent area and appeal.