The defendant's appeal is dismissed.

1. 항소이유의 요지 피해자가 피고인을 감금하고 폭행하기에 이에 대한 방어의 일환으로 피해자의 폭행을 막았을 뿐, 공소사실과 같이 피해자를 잡아당기거나 손톱으로 할퀸 사실이 없다.

Even if it is not so, the sentencing of the court below (the fine of 500,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, in particular the legal statement of the witness D of the court below and each photograph attached to the complaint, the defendant is sufficiently recognized as having inflicted an injury on the victim in the judgment of the court below, while he requested the victim to return the apartment management passbook, etc. from the victim at the time and place of the judgment, was closely and solely with the victim, and was under physical fighting.

In addition, if it is reasonable to view that the perpetrator’s act was at the first place with the intent of attacking one another rather than with the intent of attacking the victim’s unfair attack, and that the act was at the same time constituted a defensive act and at the same time constitutes a defensive act, and thus, it cannot be deemed as a self-defense (see Supreme Court Decision 2000Do228, Mar. 28, 200). According to the above fact-finding, the victim, as alleged by the defendant, had the defendant make a dispute over the victim by provokinging the time, as argued by the defendant.

Even if the victim is assumed to have made the defendant the first time, the defendant's act is not merely a passive defensive act.

Therefore, the defendant's assertion of mistake is not accepted.

B. In the instant case, upon examining the assertion of unfair sentencing, the Defendant and the victim inflicted an injury on each other; the victim also became final and conclusive a fine of KRW 500,000 regarding the instant case; the motive and background of the instant crime; circumstances after the instant crime; the Defendant’s age, character and conduct, environment, etc.; and the conditions of sentencing specified in the instant records and arguments.