The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant got out of the victim G in order to protect the F from a defect that the victim G attempted to see the F, and only she saw the victim M in order to remove F from the her sculor by saving the head of F.

Although the defendant's act constitutes self-defense or legitimate act, the court below found the defendant guilty of the facts charged of this case. Thus, the court below erred by misunderstanding facts or misapprehending legal principles.

B. The sentence of the lower court (a fine of 700,000 won) is too unreasonable.

2. Determination

A. In a case where one party’s act of attack and defense is deemed to be a legitimate act for defense or self-defense, or where one party appears to be a attack in appearance, in practice, even though one party’s act is deemed to be a legitimate act for defense or self-defense, and the other party uses tangible power as a means of resistance to protect himself/herself from such unlawful attack and to escape therefrom, unless the act does not go beyond the limit of passive defense, it shall be deemed that the illegality is denied as a reasonable act permitted by social norms in light of all the circumstances, such as the situation and purpose of the act and the intent of the actor, unless it goes beyond the limit of passive defense.

(see, e.g., Supreme Court Decision 99Do3377, Oct. 12, 199). According to the evidence duly adopted and examined by the lower court, the Defendant and F et al., together with the victim, spawd together with alcohol, and the Defendant’s defect that the victim G attempted to f when she was f.