The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant only pushed the chest part of the chest in order to spread the Defendant’s dub, and this constitutes legitimate self-defense or legitimate act because the victim tried to escape from the situation of assaulting the Defendant jointly with the victim, such as E was satisfing the head of the Defendant due to depression.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment with labor for four months and one year of suspended execution) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts and misapprehension of legal principles 1) Whether certain act constitutes a legitimate act that does not contravene social norms should be determined on an individual basis by rationally and reasonably considering the specific circumstances. Thus, to recognize such legitimate act, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the protected interests and the infringed interests; (iv) urgency; and (v) supplementary nature that there is no other means or method other than the act. In order to establish self-defense under Article 21 of the Criminal Act, defense act should be socially reasonable in light of all specific circumstances, such as the type, degree, method of infringement; (ii) type and degree of legal interests infringed by the act of infringement; and (iii) type and degree of legal interests to be infringed by the act of defense (see, e.g., Supreme Court Decision 2006Do9307, Mar. 29, 2007).

The injured party or the injured party's breath's breath's breath's bat, and the defendant.