The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The defendant committed an indecent act or brutal act by the victim, thereby causing dispute with the victim. The defendant's act first fell under self-defense, and the defendant's act constitutes self-defense. Even if the defendant's act does not constitute self-defense, the punishment of the court below is too unreasonable.

Judgment

Comprehensively taking account of all the background leading up to the dispute between the defendant and the victim by the evidence duly admitted and investigated by the court below as to the assertion of self-defense, the defendant's act was at first to attack with the intent of attacking the victim's unfair attack rather than to defend the victim's unfair attack. In such a case of fighting, the harmful act is a defense act and at the same time an act of attack, and thus, it cannot be deemed as a self-defense or excessive defense act.

(See Supreme Court Decision 2000Do228 delivered on March 28, 2000, etc.). Therefore, the Defendant’s above assertion is without merit.

The judgment of the court below on the assertion of unfair sentencing has determined the defendant's punishment in consideration of the circumstances stated in the judgment on the grounds of the sentencing, and it is reasonable to respect the judgment of the court below in this case where no particular change in the sentencing conditions is found.

In addition, considering the various sentencing conditions shown in the argument of this case, such as the defendant's age, environment, and motive and circumstance of the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.