The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Legal principles are consistent with the failure of the Defendant to see the left hand of the victim D, but this constitutes a legitimate defense and thus the illegality is dismissed.

Nevertheless, the court below convicted the defendant of this part of the facts charged. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. In order to establish a legitimate defense, the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type and degree of legal interest infringed by the act of infringement, the method of infringement, and the type and degree of legal interest to be infringed by the act of defense (see Supreme Court Decision 92Do2540, Dec. 22, 1992, etc.). The act of defense as a requirement for establishing a legitimate defense includes not only pure and non-defensive defense, but also anti-defense, including active and anti-defense. However, the act of defense requires considerable reasons as an act of defending one’s own or another’s legal interest (see Supreme Court Decision 92Do2540, Dec. 22, 1992; 1). The act of defense by the perpetrator from around 20, to the point of view that the victim was able to attack with one another, rather than lawfully defending the victim’s unreasonable attack (see Supreme Court Decision 200Do2540, Feb. 28, 20192).