The defendant's appeal is dismissed.

The summary of the grounds for appeal is that the Defendant committed an aggressive act to suppress C and the Defendant by citing and threatening C and the Defendant, and thus, this constitutes a legitimate defense or excessive defense, but the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. In order to establish a legitimate defense under Article 21 of the Criminal Act, the act of defense shall be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, and the kind and degree of legal interests to be infringed by the act of infringement. The excessive defense is also established when the act of defense exceeds the extent of the act of defense despite the fact that there was an act of defending the current infringement of one's own or another's legal interests (see Supreme Court Decisions 92Do2540, Dec. 22, 1992; 2009Do3624, Aug. 20, 200). Meanwhile, the defendant's act of attack and the defendant's act of attack committed during a series of mutual fighting, such as fighting, did not constitute a legitimate defense against the victim's own act of attack and the victim's act of attack, which was committed in excess of the victim's body and the victim's present act of attack, but did not constitute a lawful defense at the scene (see Supreme Court Decision 86Do491696, Dec. 196, 196, 196.

more than 100

shall be the victim.