The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles and improper sentencing)

A. misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant asserts to the effect that the first instance court erred by recognizing the above facts without clear evidence, although he did not consent to the victim B’s right bridge or walk his own right bridge due to the spons, and that his chest was only sealed once to prevent the victim’s assault, and that the Defendant’s act constitutes a legitimate defense.

B. Sentencing 1 Sentencing 200,000,000,000 won, which is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the first instance court as to the assertion of misunderstanding of facts or misapprehension of legal principles, and in particular, according to the statements of the victim reinforced by CCTV images, the facts that the defendant used the victim as stated in the judgment of the first instance court can be sufficiently recognized.

2) The act of attack and defense is continuously intersectiond between persons who conduct attack and defense between parties, and the act of attack and defense is also in the nature of both areas where the act of attack is committed at the same time. Thus, in commerce, the act of attack is a legitimate act for the purpose of defending against the situation where only one party’s act is committed.

It is difficult to regard it as a party defense or as a party defense.

As seen above, the Defendant’s act was merely a passive defensive act against the victim’s unjust attack, in light of the circumstance and situation where the instant assault occurred based on the aforementioned legal doctrine, and the method and degree of the act of assault, etc., it cannot be deemed that the Defendant’s act was merely a passive defensive act against the victim’s unjust attack.

Therefore, the defendant's assertion on the legitimate defense of the defendant cannot be accepted.

3) According to the conclusion of the lawsuit, the Defendant’s assertion of mistake or misapprehension of legal principles cannot be accepted.

B. As to the unfair argument of sentencing, the Defendant consistent with the appellate court.