All appeals by prosecutors are dismissed.

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (political defense) committed an act of murdering a victim under the same circumstances as indicated in the facts charged of this case with a view to getting out of the current illegal infringement of the Defendant’s life and body, namely, serious domestic violence and sexual violence committed by a victim who has been continued for a month or longer, and thus, constitutes a legitimate defense as stipulated in Article 21 of the Criminal Act, and thus, constitutes a crime, the court below found Defendant guilty of the facts charged of this case. Thus, the court below erred by misapprehending the facts or by misapprehending the legal principles on the defense of a political party

2) The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss due to extreme fear, nutrition, and lack of water surface of the victim’s serious domestic violence and sexual violence.

3) The sentence (five years of imprisonment, etc.) sentenced by the lower court to the Defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. In order to establish a legitimate defense against the Defendant’s assertion of mistake of facts or misapprehension of the legal doctrine, the act is aimed at defending the current infringement of one’s own or another’s legal interest, and the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, the level of completion of infringement, and the type and degree of legal interest to be infringed by the act of defense. The act of defense as a requirement for the establishment of a legitimate defense includes not only pure flood defense, but also anti-defense types, including active anti-defense. However, the act of defense requires considerable reasons as an act to defend one’s own or another’s legal interest (see Supreme Court Decisions 92Do2540, Dec. 22, 1992; 9Do2540, Nov. 13, 2003).