The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant committed an assault against the victim to defend the present infringement of his/her physical legal interests at night when the victim committed an attack against the Defendant at night, and promulgated, interested, or fluored. However, as such defense exceeds a considerable degree, excessive defense should be recognized.

B. When committing the instant crime against the victim, the Defendant was in a state of mental disability under the influence of alcohol.

C. The lower court’s sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. In a case where it is reasonable to view that the perpetrator’s act of judgment as to the assertion of misapprehension of the legal principles is an attacked with one another’s intent to attack rather than to defend the victim’s unfair attack, and that the act was committed against one another’s attack, it cannot be deemed as self-defense or excessive defense, since the act has the nature of the act of attack at the same time as the act of attack.

(See Supreme Court Decision 200Do228 delivered on March 28, 200, etc.). According to the evidence duly adopted and investigated by the court below, the defendant did a dispute with the victim while drinking together with the victim, and when the victim's face was faced with his/her head, he/she can be found that the victim sculpted the victim, and the victim sculpted the victim, caused the victim's death due to sculptive sculatory sculption. In light of the above legal principles, the defendant's act also has the nature of an attack, which is a defensive act, and thus, it cannot be viewed as an excessive defense act. Thus, the defendant's argument cannot be accepted.

B. According to the record as to the claim of mental disability, it is recognized that the defendant was in a state of drinking at the time of the crime in this case, but in light of the circumstances leading to the crime, the means and method of the crime, and the circumstances after the crime, etc., the defendant at the time of the crime in this case.