A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

A. Fact-finding or misunderstanding of legal principles that the defendant committed a victim as stated in the judgment of the court below is true, but this constitutes self-defense, since it was an act conducted to defend himself/herself while the victim was forced to attack first by attacking him/her.

Nevertheless, the court below found Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination as to the assertion of mistake of facts or misapprehension of legal principles regarding the act of defending the current infringement of one’s own legal interest or another’s legal interest, shall not be punishable if there are reasonable grounds, and when the act of defending goes beyond the extent, the punishment may be mitigated or exempted under the circumstances (Article 21(1) and (2) of the Criminal Act). However, in order to establish self-defense under Article 21 of the Criminal Act, the act of defending is socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, the degree and degree of infringement of the legal interest infringed by the act of defense, and the type and degree of the legal interest infringed by the act of defense (see, e.g., Supreme Court Decisions 92Do2540, Dec. 22, 1992; 2005Do3940, Sept. 30, 2005; 2005Do15, Feb. 28, 2002).

(1) "victims" shall be the victims.