The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Fact-misunderstanding, misunderstanding of legal principles, the Defendant was phoneed from the victim who was on the day of the instant case or D, and the victim was called as a knife because he died. He was called as soon as possible, she went to the house, and she was sexually abused from the victim who arrived after the diving, and then the victim was frighted to defend him. This constitutes legitimate defense, emergency escape or legitimate act, and self-help act.

B. The punishment sentenced by the lower court (six months of imprisonment, two years of suspended sentence, and one hundred and sixty hours of community service order) is too unreasonable.

2. Determination

A. In light of the content of the first instance judgment as to the assertion of mistake of facts and the evidence duly examined by the first instance court, the first instance judgment as to the credibility of the statement made by the first instance witness was clearly erroneous in the determination.

Unless there are extenuating circumstances to see the credibility of the statement made by the witness of the first instance trial and the result of the further examination of evidence conducted until the closing of pleadings in the appellate trial, the appellate court should not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance trial is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 2017Do7871, Mar. 29, 2018). The lower court examined the victim and D as a witness and found guilty of the facts charged of the instant case.

Even if the court below duly adopted and examined the evidence, it was clearly erroneous that the court below found the Defendant guilty of the instant facts charged.

There are special circumstances or circumstances that can be seen as significantly unfair to maintain these judgments.