The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the Defendant guilty of the bodily injury is erroneous by misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment by misunderstanding of facts or misunderstanding of legal principles as to self-defense, although the Defendant was only passive defensive act to avoid this, and the Defendant was guilty of the bodily injury.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, we find the facts that the defendant used bather bather bats and bather fats in the victim E, as stated in the facts charged in this case.

On the other hand, if it is reasonable to view that the perpetrator's act in both violence was committed with the intent of attacking one another rather than with the intent of attacking the victim's unfair attack, and the act was committed against it, it cannot be viewed as self-defense since the act is an act of attack at the same time as an act of attack (see, e.g., Supreme Court Decision 2003Do4934, Jun. 25, 2004). The following circumstances revealed by each of the above evidence are revealed by the evidence, namely, ① the act of assault between the defendant and the victim E was committed between the victim and the victim, and the defendant did not unilaterally start the assault without any reason. ② It was difficult to see that the defendant's act was committed more than 20 minutes in a restaurant, and it was difficult to see that it was committed around the restaurant, and ③ it was difficult to see that the defendant continued to see the victim's knee or knee by unilaterally going out of the restaurant.