The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant only took the arms of the victim in order to prevent violence of the victim at the time of the appeal, and it constitutes a legitimate defense.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the legal principles.

2. In order to establish a legitimate defense under Article 21 of the Criminal Act, the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type, degree, method, and level of infringement of legal interests by the act of infringement, and the kind and degree of legal interests to be infringed by the act of defense (see, e.g., Supreme Court Decision 92Do2540, Dec. 22, 1992). First of all, according to the record, the circumstance in which the defendant tried to keep his house at the time of the instant case, and the victim unilaterally tried to set gas valves is recognized.

However, various circumstances revealed by the evidence duly adopted and examined by the court below and the court below, i.e., the victim, at the time of the investigation agency and the court of the court below, "the defendant was faced with the air conditioners and food table with the victim's arms at the time."

In full view of the following facts: (a) the Defendant consistently made a statement; (b) the victim reported the Defendant to the police immediately after the instant case; (c) the content of the report conforms to the above statement; and (d) the Defendant is a man of about 178 cm in kidne and is a woman of about 160 cm in kidne; and (d) the victim is a woman of about 160 cm in kidne, the Defendant may acknowledge the facts of assaulting the victim as

under section 38 of this title.

Therefore, the defendant's argument that the defendant's act is not illegal as a legitimate defense is without merit.

3. In conclusion, 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.