The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. It was true that the Defendant was fluent of the victim’s head, but this constitutes self-defense, since the Defendant’s act was conducted to defend himself/herself in the course of being a fluent assault from the victim.

(b) Even if it is recognized as a household affairs, the sentencing of the lower court (a fine of KRW 700,000) is too unreasonable;

2. Determination

A. First, in full view of the evidence duly admitted and investigated by the court below as to the assertion of self-defense, the victim was found to be the defendant and the defendant was punished for trial expenses.

피고인을 폭행하자, 피고인이 이에 대항하여 피해자의 머리카락을 잡고 잡아당기다가 같이 넘어져 뒹굴면서 계속 서로를 폭행한 사실이 인정되므로, 이러한 피고인의 행위는 방어행위인 동시에 공격행위의 성격을 가지므로 정당방위라고 볼 수 없다.

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

B. Next, in light of the argument on unfair sentencing, the defendant is the head office of home who raises his child as the primary offender, the defendant also suffered an injury by assaulting the victim. The victim in this case was assaulting the defendant at trial expense and assaulting the defendant, and the victim was confirmed as it was a fine of KRW 1 million, and the victim became final and conclusive as it was issued a summary order of KRW 1,00,000 as the case in this case, and other various circumstances, which are conditions for sentencing specified in the records and arguments of this case, including the motive and circumstances leading up to the crime in this case, the circumstances after the crime, the defendant's age, character and conduct, and environment, are considered to be somewhat unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence recognized by the court is the same as the relevant column of the Criminal Procedure Act.