The defendant's appeal is dismissed.

1. The lower court found the Defendant guilty of the assault, which is the ancillary charge of the instant case, and found the Defendant not guilty of the injury, which is the primary charge of the instant case, on the grounds that the lower court acquitted.

On the other hand, only the defendant appealed for the above guilty portion on the ground of a misapprehension of the legal principle. In such a case, according to the indivisible principle of appeal, the verdict of innocence as well as the verdict of conviction is transferred to the trial court, but the above verdict of innocence has already been separated from the object of attack and defense between the parties.

Therefore, the part on acquittal of the above reasons should be governed by the conclusion of the judgment below, and it should not be judged separately.

2. Summary of grounds for appeal: An act by which the defendant commits a crime of aiding and abetting a victim constitutes elements of a assault.

This constitutes self-defense or legitimate act.

3. Determination

A. Relevant legal principles 1) To recognize self-defense under Article 21(1) of the Criminal Act, the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, and the type, degree, etc. of legal interests infringed by the act of infringement, as well as the kind, degree, etc. of legal interests to be infringed by the act of infringement. The act of defense as a requisite for the establishment of self-defense includes not only pure passive defense but also active defense, but also the form of anti-defense, including such anti-defense. The act of defense must have considerable reasons as an act to defend one’s own or another’s legal interests (see Supreme Court Decision 92Do2540, Dec. 22, 1992). The issue of whether the illegality of the act of defense is justified should be reasonably and reasonably determined depending on the specific act. First, to recognize a legitimate act, the act of defense should be acknowledged.