The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant's act constitutes self-defense in response to mistake of facts and assault by the victim of legal principles.

The lower court found the Defendant guilty of the facts charged of this case was erroneous or erroneous by misapprehending the legal doctrine.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Determination

A. The act of attack and defense committed by a fightingr and defense committed annually, and the act of attack and defense also constituted a legitimate act for defense or self-defense by leaving only one of the acts of the parties, as the act of attack and defense was committed simultaneously and at the same time, the act of attack and defense cannot be deemed to constitute a legitimate act for defense or self-defense.

(대법원2004. 6. 25.선고2003도4934판결 참조). 피해자의 진술과 피고인의 원심 및 당심 법정진술을 비롯하여 원심에서 적법하게 채택하여 조사한 증거들에 의하면, 피고인이 소음 문제로 피해자와 시비가 되어 먼저 피해자의 멱살을 잡아챘고, 피해자도 이에 대응하여 피고인을 공격하자, 피고인이 피해자의 얼굴을 때린 사실을 충분히 인정할 수 있으므로, 피고인의 행위는 정당방위에 해당한다고 볼 수 없다.

The judgment of the court below which convicted the Defendant of the facts charged of this case is just, and there is no error of misapprehending the legal principles.

B. In full view of all the conditions of sentencing as indicated in the arguments and arguments, including the motive and background of the instant crime, the degree of assault by the Defendant, the victim who fighting with the Defendant (a fine of KRW 500,000), equity in punishment, etc., the sentence imposed by the lower court cannot be deemed to be too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.