The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) is that the Defendant only saw the victim’s breath to defend the victim’s injury, and thus constitutes a legitimate defense. Therefore, the Defendant’s act is not unlawful.

2. According to the evidence duly adopted and examined by the court below, the victim first put the victim into a dular and put him into a dular, but thereafter, the defendant took a attitude that seems to be at the time of the victim by raising the defendant's dubial hand, and the victim's dubbial with the victim's dubial hand, thereby causing the loss of the victim, and caused the victim's dubial and dub.

In addition, considering the background of the fighting between the defendant and the victim, and the parts and degree of the victim's situation, it appears that the above defendant's act was not simply aimed at defending the victim's unfair attack, but rather at opposing the victim's attack. In such a case of fighting, the fighting has the nature of the act of attack at the same time as the act of attack, and thus, it cannot be viewed as a legitimate defense or excessive defense (see, e.g., Supreme Court Decisions 71Do527, Apr. 30, 197; 92Do1329, Aug. 24, 1993). The defendant's assertion is rejected.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.