The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the injured person who refuses to comply with the request for withdrawal by the defendant and is able to defend himself or herself by threatening verbal abuse and assault, and thus constitutes a legitimate defense or legitimate act, but the judgment of the court below which found the defendant guilty is erroneous by misapprehending the legal principles or by misapprehending the legal principles which affected the conclusion of the judgment

2. In order to establish a legitimate defense under Article 21 of the Criminal Act, the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type and degree of the legal interest infringed by the act of infringement, the method of infringement, the level of completion of the act of infringement, and the type and degree of the legal interest to be infringed by the act of defense.

In addition, the "act which does not violate the social norms" under Article 20 of the Criminal Act refers to the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether certain act is a legitimate act that does not violate the social norms and thus, it should be judged individually by rationally and reasonably under 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 of the legal interests of the protected interests and infringed interests; (iv) urgency; and (v) supplementary nature that there is no other means or method than the act (see Supreme Court Decision 2005Do3940, Sept. 30, 2005). In other words, the defendant can be recognized by the evidence duly adopted and investigated by the court below; (iii) the defendant at the office of the defendant as a lessee and the victim's liability; and (iv) the defendant is facing the dispute between the victim and the victim.