The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant’s act constitutes a legitimate defense, since the Defendant’s act is a shoulder of the victim C in order to feel a risk of life and escape from the assault by C and A.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. In order to recognize a legitimate defense as to the assertion of facts and misapprehension of legal principles, the act of defense must 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 infringement. The act of defense as a requisite for the establishment of a political party defense includes not only pure passive defense but also anti-defense that includes active defense. Such defense act must be an act to defend one’s own or another’s infringement of legal interest (Supreme Court Decision 2007Do2534 Decided June 14, 2007). (B) If the perpetrator’s act was delivered first with one’s intent to attack the victim’s unfair attack, rather than to defend the victim’s unjust attack, and the victim’s act of defense was lawfully set up against the victim’s 30-hour defense at the same time as the defendant’s act of attack (see Supreme Court Decision 204Da64540 Decided June 14, 2007).