Nevertheless, the lower court found the Defendant guilty of the instant facts charged by misapprehending the legal doctrine on the defense of a political party.

2. In order to establish a legitimate defense under Article 21 of the Criminal Act, the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type, degree, method, and level of infringement of the legal interest infringed by the act of infringement, and the kind and degree of legal interest to be infringed by the act of defense (see Supreme Court Decision 92Do2540, Dec. 22, 1992, etc.). In light of the circumstances leading up to the crime of this case, the method and degree of exercising the victim’s violent act, which can be recognized by the evidence duly adopted and investigated by the court below, in light of the circumstances leading up to the crime of this case, and the method and degree of exercising the victim’s violent act, it is difficult to view that the defendant’s act of using the victim with the high speed spacker on the left side of the victim at the time of the victim’s unlawful attack constituted a defense act to protect himself/herself from the other party’

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.