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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although there is a mistake of facts or misapprehension of legal principles when the defendant faces the victim, it was only an act of assaulting the victim first while harming the defendant.
Nevertheless, the lower court erred by misapprehending the legal doctrine on self-defense, thereby adversely affecting the conclusion of the judgment.
B. The sentence imposed by the court below on the defendant (the fine of KRW 1,00,000) is too unreasonable.
2. Determination
A. According to the records on the assertion of misapprehension of legal principles, the defendant's act of this case is not merely passive defense against the victim's wrongful attack, but also has the nature of attack as a attack. Thus, it does not constitute self-defense in view of the following: although it is acknowledged that the victim first committed several assaults against the defendant at the time of this case, considering the developments acknowledged by each evidence duly adopted and investigated at the court below, the situation at the time of this case, method and degree of assault, degree of damage
Therefore, the defendant's assertion of legal principles is without merit.
B. In full view of the following circumstances: (a) the victim of the judgment on the assertion of unfair sentencing assaults the Defendant first, and the Defendant has a strong aspect of trial expenses; (b) the Defendant is a person who has no criminal power up to now, and there are favorable circumstances for the Defendant; (c) the degree of injury to the victim is not somewhat weak; (d) the victim’s motive and background leading up to the instant crime; (e) the recovery from damage; or did not reach an agreement with the victim; and (e) the motive and consequence leading up to the instant crime; (e) the means and consequence of the instant crime; (e) the conditions of sentencing as indicated in the record, such as the situation before
3. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.