The sentence of sentence against the defendant shall be suspended.

A. In this case, the court below erred by misapprehending the legal principles that the defendant committed an aggressive act with an active intent to resist the victim's attack and escape from the victim's loss. Thus, the defendant's act constitutes self-defense, or an act of legitimate nature acceptable by social norms because it does not deviate from the passive limit of defense.

B. The sentence of the court below’s unreasonable sentencing (the fine of 300,000 won) is too heavy.

2. Determination

A. As to the assertion of legal principles, comprehensively taking account of the evidence duly adopted and examined by the court below, it can be acknowledged that the victim took the part of the victim's arms in order to knife the defendant's knife and knife the defendant's knife the victim's knife's face and the back part of the victim's knife, and the victim's head knife. Accordingly, the defendant's act has the nature of an attack beyond the minimum degree of defense that can be recognized as self-defense, so it is difficult to view it as self-defense. 2) Meanwhile, the "act which does not violate social rules" under Article 20 of the Criminal Act refers to an act permissible in light of the overall legal order or social ethics or social norms. Thus, it is difficult to view it as a legitimate act, the means or method of the act, the reasonableness of the means or method of the act, the balance between the protection interest and legal interests, the method or method other than the act, etc.

3. Therefore, this part of the defendant's argument is justified.