The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Although misunderstanding of facts and misunderstanding of legal principles recognize the fact that the defendant was closely involved in the victim, it is the self-defense and legitimate act that the victim was trying to defend by walking the defendant's strong desire.

In addition, the defendant was merely an even confluence of the victim, and it was impossible to expect that the victim would suffer the same injury as the stated in the facts charged of this case.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles.

The sentence of the lower court on unreasonable sentencing is too unreasonable.

Judgment

According to the evidence duly adopted and examined in the judgment of the court below on the assertion of misunderstanding of facts and misapprehension of legal principles, it is reasonable to view that there is a possibility of predictability as to the defendant's act at the time of the instant case to the effect that the victim may suffer an injury due to the defendant's act in light of the method of violence and its degree, etc.

In addition, in full view of the circumstances and methods of the Defendant’s act of assaulting the victim, the Defendant’s act cannot be deemed as legitimate self-defense or legitimate act.

Therefore, this part of the defendant's argument is without merit.

In light of the fact that the Defendant’s economic situation is difficult to determine the allegation of unfair sentencing, but there is no change of circumstances that may be newly considered in the sentencing in the trial, and the Defendant’s age, character and conduct, environment, career, family relationship, the background, means and consequence of the instant crime, and all of the sentencing conditions in the instant case, such as the circumstances before and after the instant crime, do not seem to be unfair because the lower court’s sentence goes beyond the scope of discretion.