Defendant

The appeal is dismissed.

Summary of Grounds for Appeal

misunderstanding of facts or misunderstanding of legal principles in the G gas filling room in Daejeon-gu, Daejeon (hereinafter “instant gas filling station”) at the time of the instant case, the Defendant’s act constitutes self-defense or legitimate act, since he was found to be a self-defense. The Defendant’s act was a self-defense or legitimate act. The Defendant’s act was a self-defense.

The sentence of unfair sentencing (two years of imprisonment, three years of suspended execution) is too unreasonable.

Judgment

It is common that it is difficult to view the act of attack and defense to constitute “political act” or “self-defense” or “self-defense” by leaving only one of the acts of attack and defense at the same time, because the act of attack and defense was conducted in line with the relevant legal principles as to the assertion of mistake of facts or misapprehension of legal principles.

However, if one party unilaterally makes an attack and the other party uses tangible force as a means of resistance to protect himself/herself from such attack and escape therefrom, even if they appear as if they appear to fighting one another, it is not deemed that such an act is a new affirmative attack, and its illegality is dismissed as it is reasonable to allow in light of social norms (see, e.g., Supreme Court Decision 2009Do12958, Feb. 11, 2010). The following circumstances acknowledged by the court below and the court below duly adopted and the evidence duly investigated by the court below and the court below, namely, ① the victim from the investigative agency to the court below to the court below’s judgment, while the defendant deposits money from the cash withdrawal in the cash withdrawal room of the instant gas filling room, the victim spawn and spawn and pushed the Defendant’s spawn and spawn.