A defendant shall be punished by imprisonment for four years.

A seized kitchen (No. 1) shall be confiscated.

A. misunderstanding of facts and misunderstanding of legal principles 1) The fact that the defendant has laid down twice the part of the victim's knife and caused the victim's death. However, this is reasonable as the victim's first act to defend the present unfair infringement of his/her life or body in the situation of attacking the defendant in several knifes. Thus, it constitutes self-defense under Article 21 (1) of the Criminal Act. Even if it is not so, it constitutes excessive defense because it constitutes an act due to fear, bad faith, entertainment, or confusion in the night or under other extraordinary circumstances, it constitutes excessive defense, and thus, it is not punishable by Article 21 (3) of the Criminal Act or should be mitigated or exempted from punishment pursuant to Article 21 (2) of the Criminal Act.

2. Judgment on misconception of facts and misapprehension of legal principles

A. In a case where it is reasonable to view that an act by the perpetrator of a relevant legal doctrine was committed with the intent of an attack, rather than with a view to defending the victim’s unfair attack, and that the act was committed against one another, the act constitutes self-defense or excessive defense, since it is the same as an act of attack at the same time as an act of attack, and thus, it cannot be deemed as an act of attack.

B. (See, e.g., Supreme Court Decision 2000Do228, Mar. 28, 2000).

Facts of recognition

According to the evidence duly adopted and examined by the court below and the trial court, the following facts may be acknowledged:

On November 15, 2014, at around 21:15, the victim moved the defendant into his/her place of residence on the grounds that the defendant under the influence of alcohol was able to move to his/her place of residence due to the increase of the fluence, the request for assistance to 119, and the fluence of the defendant.

At around 22:14 of the same day, the victim went to the above residence and returned to the above residence.