However, the lower court found the Defendant guilty of the instant facts charged.

2) The sentence of the lower court that is unfair in sentencing (an amount of KRW 300,00) is too unreasonable.

2. In a case where the perpetrator’s act of judgment as to the assertion of misapprehension of the legal doctrine is not for the purpose of defending the victim’s unjust attack, but for the purpose of defending the victim’s attack, the perpetrator’s act of attack was first carried out, and became up against it, the perpetrator’s act of attack has the nature of both the defensive act and the act of attack. Therefore, it cannot be viewed as

In addition, in order to eliminate illegality as a justifiable act, the requirements such as legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance of the legal interests of protected interests and infringed interests, urgency, and supplement of the absence of any other means or method (see Supreme Court Decisions 2000Do228, Mar. 28, 2000; 84Do39, May 22, 1984). In full view of the following circumstances revealed by evidence duly adopted and investigated by the lower court, the lower court’s judgment that found the Defendant guilty of the facts charged of this case is justifiable.

① The victims began to assault the Defendant on the ground that he was working, and the degree of force that the Defendant inflicted on the victims is minor, while the injury suffered by the Defendant appears to be relatively heavy.

② 그런데 피고인이 피해자들과 말 다툼을 하면서 피해자들에게 “ 깽 값 물고 싶으면 카운터로 들어오라. ”라고 말하였고( 수사기록 28 쪽), 당시 CCTV 영상에 의하면 피해자들이 카운터로 들어오기 전에 피고인이 먼저 피해자들을 향해 움직이다가 카운터로 들어온 피고인들에게 밀려 쓰러지는 모습이 관찰된다( 수사기록 58 쪽). 이러한...