A. The Defendant’s act by mistake of facts or misapprehension of legal principles constitutes a legitimate defense or legitimate act, and thus, the illegality is excluded.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court on the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the Defendant was introduced by G to drink at a restaurant while drinking alcohol in the restaurant; the Defendant took the drinking alcohol out of the restaurant; and the Defendant and F was in a dispute, thereby doing so; and the Defendant and F sent the Defendant to the Defendant’s house; and thereafter, F and G were drinking at G’s house, but the Defendant wanted to do so.

At the same time, G was found to be G’s house. However, the Defendant and F, while engaging in a dispute again, they were drinking with each other, and the Defendant and F claimed that they were drinking with each other; G first, the Defendant and F told F when the Defendant was faced with the Defendant at home, and later took the Defendant’s body at home; and the Defendant suffered bodily injury, such as cage cages that require approximately four weeks of treatment; and F suffered bodily injury, such as other cage cages that require approximately two weeks of treatment. As such, the Defendant, without any special reason immediately prior to the instant case, took into account the fact that the Defendant, without any justifiable reason, took place a trial expense by stating “F” to mean “an appropriate person”, and immediately thereafter, took into account that the Defendant had the intention to defend the Defendant’s body only at the time of the instant case.

It is difficult to see that there was an intention to attack F.

It is reasonable to view the defendant's act as a passive resistance to escape from violence. Thus, the defendant's act does not constitute a legitimate defense or legitimate act.

B. The defendant at the time of the instant case regarding the unfair argument of sentencing.