The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s act by misunderstanding the legal doctrine constitutes an act for the purpose of defending the victim’s unilateral assault, and thus constitutes a legitimate defense or excessive defense.

B. The punishment of the lower court is heavy.

2. Determination

A. In light of the background leading up to fighting between the Defendant and the victim, the part and degree of the victim’s injury, etc., which are recognized by the lower court’s misapprehension of the legal doctrine, it is reasonable to view the Defendant’s act as an act of infringement by exceeding a simple defensive act, and as an attack intent against the victim.

The defendant's act cannot be viewed as a legitimate defense or excessive defense.

B. The crime of this case was committed by the victim who parked his vehicle in front of his house while demanding the movement of the vehicle, and thus, the defendant committed the crime of this case by chance, and agreed with the victim at the lower court.

The degree of injury suffered by the victim is significant, and the defendant commits the same crime again even though the same force has been several times, etc. is disadvantageous.

In addition, the sentencing is not recognized to be unfair if there is no special change in circumstances after appeal with the conditions of the sentencing as shown in the records and arguments.

3. The defendant's appeal is dismissed.