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The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal by the defense counsel (misunderstanding of the facts and misapprehension of the legal principles) was that the defendant was unilaterally abused by the victim E and F at the time of the instant case, and there was no time for the victims, and even if the defendant exercised the force of force
This constitutes legitimate defense, which is an act to defend the assault of victims E and F.
Nevertheless, the lower court found the Defendant guilty of the facts charged of this case and erred by misapprehending the legal doctrine on the defense of a political party, thereby adversely affecting the conclusion of the judgment.
2. The act of beta which was committed during a series of mutual fights, such as the judgment fighting fighting, caused acts of violence between the other party, and thus no party defense is established (see Supreme Court Decision 95Do2945 delivered on September 6, 1996, etc.). The defendant, as alleged in the grounds of appeal, did not use violence against the victims, and rather, he was killed from the victims, and even if he was injured by the victims, he was injured by the victims.
This does not constitute a crime due to a legitimate defense for the defense of violence from victims.
The court below asserted that ① the defendant and the victim E, after getting off an elevator with the vision between the defendant and the victim in the apartment elevator at the time of the instant case, were in a strubly fighting, and the victim F, in combination with the victim E, used violence against the defendant, and both the defendant and the victims appear to have been inflicted on both sides of the attack and the attack corresponding to the attack (in relation to the victim G, it is reasonable to view that the victim G was in close relation to the other victims and the defendant at the time of the instant case, at least the willful negligence of the injury is recognized), ② even if examining the victim's injury by the victim, it is reasonable to view that the injury was caused by the attack by the defendant.