The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. “The current unfair infringement” under Article 21 of the Criminal Act, which is defined by the misunderstanding of the legal principles, can be acknowledged as not only after the infringement has commenced, but also before the infringement commenced. In light of the fact that the defendant has been directed by domestic violence from the victims for a long time or the degree of violence committed against the defendant on the day of the crime, there was “the present unfair infringement” against the defendant’s life at the time of the crime.

may be filed.

Although the legal interest infringed upon by the defendant's defense act is the victim's life, it is for protecting the defendant's own life, it cannot be said that it is an act that is not equivalent to the social norms.

Therefore, the defendant's crime of this case constitutes legitimate defense, and even if not, it is not so.

Even in a legitimate defense situation, the act constitutes excessive defense beyond reasonableness, and thus, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misapprehension of legal principles.

B. The sentence sentenced by the lower court (4 years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. In order to recognize a legitimate defense under Article 21(1) of the Criminal Act by misapprehending the legal doctrine, there should be “current unreasonable infringement” on one’s own or another’s legal interest. Whether such infringement is present should not be determined according to the subjective circumstances of the victim, but should be objectively determined, as well as the fact that the defense of a political party is the reason why the illegality of a certain act meeting the constituent elements of a crime is exceptionally extinguished, the present nature of the infringement as a requirement ought to be strictly construed.

In addition, if one party's defense is established, the type, degree, method of infringement, the level of completion of the infringing act and the kind of the legal interest to be infringed by the defense act;