The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The misunderstanding of the facts or misapprehension of the legal doctrine puts the fingers in the Defendant’s entrance, and the Defendant was playing the Defendant’s fingers.

The act of a defendant constitutes an excessive defense by a political party or by excessive defense.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted after examining the evidence that had been duly admitted as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the fact that the defendant brought an objection against the victim or expressed an desire to do so is recognized.

It is called that the victim does not cryp the victim.

The defendant tried to shoulder the victim's fingers, such as the defect of the appearance, and the victim's fingers.

This is asked by the victim in the face of theme, and the defendant actually asked the victim's finger, thereby causing the injury as described in the facts charged.

In addition, comprehensively taking account of the background in which the Defendant and the victim wraped, the conduct and attitude of the Defendant and the victim at the site, the course and circumstances of the instant crime, etc., it is reasonable to view that the Defendant’s act was rather an attack rather than an attack aimed at defending the victim’s attack.

On the other hand, even if the injured party collected his fingers in the defendant's entrance as alleged by the defendant, it constitutes an attack and an attack against the injured party, which constitutes an act of attack, and at the same time constitutes an act of attack, it cannot be deemed an act of political defense or excessive defense (see, e.g., Supreme Court Decision 200Do228, Mar. 28, 200). The defendant's mistake or misapprehension of legal principles is rejected.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

The conditions of sentencing as shown in the records and changes of the case and the reasons for sentencing of the judgment of the court below.