The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s act of misapprehension of legal doctrine constitutes self-defense, which is an act to defend the victim’s attack against the soldiers.

Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. Determination of legal principles as to the assertion of legal principles is based on the following: (a) an ordinary act of attack and defense has been conducted throughout the course of attack and defense at the same time; (b) barring special circumstances, such as one party unilaterally committed an attack and the other party exercised tangible power as a means of resistance to protect himself/herself from such attack, it cannot be deemed as a legitimate act for defense or self-defense by only one party’s act (see, e.g., Supreme Court Decision 201Do13927, Dec. 8, 201); and (c) even if the Defendant was aware of an attack with his/her intent to attack and oppose it, the Defendant cannot be deemed as legitimate self-defense during the process of attacking the victim’s body (see, e.g., Supreme Court Decision 200Do228, Mar. 28, 200).