The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In a misunderstanding of facts or misapprehension of legal principles, the Defendant’s act of killing the victim who committed the bodily injury resulting from violence against the Defendant is arrested as an offender in the act of committing an act of violence. Thus, illegality is dismissed as it constitutes a justifiable act under Article 20 of the Criminal Act.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. The lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court which was unfair in sentencing (the amount of 300,000 won) is too unreasonable.

2. The judgment of this Court

A. As to the assertion of misunderstanding the facts or misapprehension of legal principles, since any person may arrest a person without a warrant, the arrest of a private flagrant offender is deemed unlawful as an act under the law. However, in order for the arrest of a flagrant offender to be lawful, it is required that the necessity of arrest, i.e., the necessity of escape or destruction of evidence in addition to the punishment of the act, the current situation of the crime, and the apparentness of the crime (Supreme Court Decision 98Do3029 delivered on January 26, 199). In light of the following circumstances acknowledged by the evidence duly adopted and duly examined by the court of original judgment, the Defendant’s act of using the batch cannot be deemed to constitute the arrest of a flagrant offender.

Therefore, we do not accept the defendant's assertion of mistake or misapprehension of legal principles.

First, examining the circumstances up to the crime of this case, there was a perception and intent to arrest the victim as a current criminal.

It is difficult to see it.

In other words, even though the defendant puts a horn to the victim in order to make a right-hand way on the two-lanes of the two-lane road, he did not move his vehicle to the victim, he did not move his vehicle to the victim, took the victim's vehicle on the side of the victim's vehicle, took the victim's window to open the window, and took the window.