The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) was that the Defendant fat the fat, E’s accompanying leader, in order to avoid unilateral assault, but did not magazines E’s bat, and fat the fat, E’s bather bat.

Even if E and F do not constitute a crime of self-defense or legitimate act in line with one another's unilateral and unjustifiable assault.

2. Determination

A. On July 12, 2012, the Defendant: (a) around 21:40 on July 12, 2012, the summary of this part of the facts charged charged, on the ground that the act of the victim E was made in front of the D Kinginging machine located in Busan City, Busan; (b) on the ground that the act of the victim E was made, the Defendant was flo

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of each of the evidence in its judgment.

C. 1) On the other hand, it is common that the act of attack and defense was conducted through a series of acts of attack and defense, and at the same time, the act of attack and defense is deemed to constitute a legitimate act for defense or self-defense by leaving only one of the acts of attack and thus, it is difficult to view it as a legitimate act for defense or self-defense. However, on the other hand, even if it appears that fighting is conducted, in fact, one of the parties unilaterally commits an attack and the other party uses tangible power as a means of resistance to protect himself/herself from such attack and escape from it, unless it is deemed as a new affirmative attack, it is reasonable to view it as reasonable in light of social concept and illegality (see, e.g., Supreme Court Decisions 84Do140, Sept. 11, 1984; 9Do377, Oct. 12, 199).