The defendant's appeal is dismissed.

1. The summary of the grounds for appeal that the defendant uses the force to the victim E is a passive defensive act against the victim's desireing the defendant first, which constitutes a legitimate defense, but the first instance court's conviction against the defendant is erroneous by misunderstanding the facts or misapprehending the legal principles.

2. In order to establish a legitimate defense under Article 21 of the former 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 interest to be infringed by the act of infringement (see, e.g., Supreme Court Decisions 92Do2540, Dec. 22, 1992; 2005Do3940, Sept. 30, 2005). The first instance court duly adopted and investigated the following circumstances, which can be acknowledged by evidence, (i) the Defendant and the victim worked as a parking manager in the “D main point,” but the Defendant and the victim worked as a usual person, and (ii) the Defendant unilaterally took the right side of the victim during the instant dispute at the time of the instant case, and (iii) the fact that the victim did not have any physical desire of the victim at the time of exercising his/her own right, despite the fact that the victim did not have any other physical desire between the Defendant and the victim.

Even if the defendant reports to an investigative agency, he/she shall be in the situation.