A. Defendant A and B1 did not jointly inflict any injury on the victim, and there was no conspiracy to commit any act.

Even if the Defendants inflicted bodily harm on the victim, the Defendants

Even if there is a legitimate defense or legitimate act, it constitutes a legitimate act.

2) The lower court’s sentence imposed on the Defendants is too heavy.

B. Defendant C1) There was no intention to intrude upon the Defendant’s residence.

In addition, the defendant is merely passively sealed or attached to defending the victims' attack, and therefore constitutes a legitimate defense or a legitimate act.

2) The lower court’s sentence is too heavy.

2. Determination on the grounds of appeal by Defendant A and B

A. Article 2(2) of the Punishment of Violences, etc. Act provides that “When two or more persons jointly commit a crime of injury” requires that there exists a so-called co-offender relationship between them. In addition, several persons are aware of the crime committed by one another at the same time and at the same place, and commit the crime using them. In the joint principal offender committing a crime through a joint processing by two or more persons, the conspiracy or conspiracy does not necessarily have to be made directly and explicitly, but may be made implicitly and implicitly (see, e.g., Supreme Court Decision 2016Do19451, Feb. 21, 2017). Meanwhile, whether a certain act constitutes a justifiable act or a legitimate defense as a ground for excluding illegality should be determined objectively and reasonably depending on specific cases, and whether it is legitimate or not, cannot be determined by exceeding the national order.

To be recognized as a legitimate act, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the protection of legal interests and the infringement of legal interests, the fourth urgency, and the fifth supplementary requirement that there is no other means or method than the act.