A. Although there was a fact that the defendant misunderstanding the legal principles committed an assault against the victims, the victims first committed an assault against the defendant, and thus, the above act by the defendant is not guilty because it constitutes legitimate defense, etc.

B. The punishment sentenced by the lower court (the penalty amounting to KRW 700,000) is excessively unreasonable.

2. Determination

A. Determination as to the assertion of misunderstanding of legal principles 1) Article 21(1) of the Criminal Act provides that “an act of defending the current infringement of one’s own or another’s legal interests shall not be punishable when there are reasonable grounds.

“......”

In order for a certain act to be recognized as a legitimate defense, it must be reasonable to defend the current unfair infringement of one’s own or another’s legal interest. Therefore, it is not recognized as a legitimate defense against an unlawful and lawful infringement. Whether a defense act is socially reasonable should be determined by taking into account all specific circumstances, such as the type and degree of legal interest infringed by the act of infringement, the method of infringement, the completion of the act of infringement, and the type and degree of legal interest infringed by the act of defense (see Supreme Court Decision 2003Do3606, Nov. 13, 2003, etc.). (2) The evidence duly adopted and investigated by the court below, in particular, taking into account the evidence, and the CCTV CD images, etc. at the time of the instant case, the defendant tried to assault the victim E before the victim, and the defendant tried to have the victim enter the above victim again and tried to prevent the defendant from entering the court. However, the defendant's entrance and the victim again set up the charges against the defendant and the victim again.