A. Since the victim of mistake of facts and misunderstanding of legal principles intend to raise the hand to the defendant's shoulder and face, the defendant is only aware that it was unfair infringement against himself/herself, and the defendant's act constitutes excessive defense.

B. Judgment of the court below on unreasonable sentencing: 2 million won

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts and misapprehension of legal principles, the Defendant appears to have attended the subway station and left the victim's goods at the time of the instant case. The Defendant: (a) stated that “the victim ought to do so”; (b) the Defendant went through the opening; (c) the Defendant neglected the victim’s body and passed the opening; and (d) when the victim took care of the victim’s face with his hand while driving away from the Defendant’s body, the Defendant took care of the victim’s body; and (c) when the victim took care of the victim’s face with his hand, each of the following facts are acknowledged (the witness G at the lower court stated that all of the instant cases appeared, but it is difficult for the Defendant to have taken care of the victim’s face other than the victim’s body and face; and (d) the Defendant appears to have taken care of the victim’s face when the victim took care of the victim’s face in addition to the aforementioned facts charged.