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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) is only twice as much as D in order to defend himself from violence of D and E.
This does not correspond to violence, and even if the defendant assaults D, it is a legitimate defense.
2. The Defendant asserted to the same effect in the lower court. According to the evidence in its holding, the lower court rejected the Defendant’s assertion on the following grounds: (a) the Defendant was able to acknowledge the facts of assaulting the victim; and (b) there were no circumstances to deem
It is difficult to view that the attack and defense conducted annually between the persons who conduct the fighting match and the defense conducted simultaneously, and that the attack constituted a political party defense for the purpose of defending by leaving only one of the acts of the parties, because the attack is in the nature of both sides, which are the attack.
In a case where it is reasonable to view that the perpetrator’s act was committed with the intent of attacking one another rather than with the intent of attacking the victim’s unfair attack, and that the perpetrator was committed against it, the perpetrator’s act has the nature of the act of attack at the same time as the defensive act, and therefore, it cannot be viewed as a legitimate defense.
In light of the above legal principles, since the defendant's act does not constitute a legitimate defense, the judgment of the court below is just, and the defendant's assertion disputing this is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.