The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (in fact-finding or misunderstanding of legal principles) that the defendant committed assault against the victims was inevitably caused in the course of passive defense to prevent the victims from assaulting the defendant first, which constitutes self-defense or legitimate act. Thus, the judgment below convicting the victims of the facts charged of this case is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. In order to establish self-defense under Article 21 of the Criminal Act, the act of defense should be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, and the type and degree of legal interest to be infringed by the act of defense, and the kind and degree of the act of defense, etc. In a case where it is reasonable to deem that the act of the perpetrator was committed with the intent of attacking one another rather than with the intent of defending the victim's unfair attack, and that the act of attack was committed with the intent of attacking one another, and that the act of attack was committed with the nature of the act of attack at the same time as the act of defense, and

B. (See, e.g., Supreme Court Decision 2003Do4934, Jun. 25, 2004).

The court below duly admitted and examined the following circumstances, namely, ① the victim E was the victim E was the victim in 1941, the victim F was the female in 1960, and the defendant was physically superior to the victims due to the dysium. ② Even if the victims attempted to have the physical strength, the victim could sufficiently avoid the danger at the time of the occurrence due to the CCTV image installed at the scene of this case, ③ even if the victim was the victim's first time due to the delivery of Hanwon-won operated by the defendant, it seems that the victim could have avoided or prevented the occurrence of danger, and ③ The victim was the victim by CCTV image installed at the site of this case.