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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is a woman with a key of 160 cm and 50 km weight, who has been assaulted against E in the past, and the place where the instant case occurred was the house of Dial E.
In this situation, the defendant was a unilateral assault from the victim F and E, and there was only a method of reporting to 112 mobile phones to escape from this, and the victim was a assault about to take the defendant's telephone out.
Therefore, the defendant committed an act in the facts charged in order to avoid cutting a mobile phone, which constitutes self-defense or excessive self-defense, and thus, the court below erred by misapprehending the legal principles on self-defense or excessive self-defense or by misapprehending the legal principles on excessive self-defense.
(Defendants also asserted the same purport in the original judgment). 2. Determination
A. On August 8, 2012, the Defendant: (a) around 20:20 on August 8, 2012, the summary of the facts charged in the instant case, as a result of the dispute as to the victim F and Si roads in the house E located in Gyeonggi-gu Gyeonggi-gun D, the Defendant brought about the physical parts of the body part of which need approximately three weeks of treatment by cutting down the head debt of the victim and cutting down the shoulder.
B. The acts of attack and defense have been conducted throughout the course of an ordinary act of attack and defense between the persons of a fighting match in line with the judgment of the court below, and at the same time, the act of attack and defense has the nature of both areas of attack, which are the act of attack. Thus, even if they appear to be fighting one another, the act of a political party for defense or self-defense can be deemed as legitimate by only one of the parties, barring special circumstances, such as where one party unilaterally committed an illegal attack and the other party exercised tangible power as a means of resistance to protect himself/herself from such attack and escape therefrom.