The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant, who was divingd in the room of the victim D (hereinafter “victim”), was unilaterally faced by the victim, such as face, chest, stove, bridge, back, etc., and the Defendant asserted that he only knifeed the victim’s knife or pusheded the victim into the knife at the defense level, and that the Defendant did not cause violence or injury to the victim, such as as indicated in the facts charged.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. Even if the facts charged in the instant case are found guilty, the lower court’s punishment (basic fine of KRW 1.5 million) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the police accepted the victim's 112 report and sent out to the site of this case by the neighbor's 112 report, and the crime was recognized. At the time the police called to the site of this case, the defendant and the victim were dissatisfied with the victim's face and arms, and the victim was assaulted by the defendant at the court of the court below and the investigative agency, and the defendant also recognized the fact that the victim was involved in the victim's face and arms, and the defendant also accepted the victim's photograph and the degree of the injury stated in the victim's death diagnosis document submitted immediately after this case are consistent with the part and degree of the injury of this case. In full view of the evidence duly adopted and investigated by the court below, the defendant can sufficiently recognize the fact that the defendant inflicted the victim's injury as stated in the judgment of the court below, as well as the crime of this case. Thus, the defendant's above assertion is rejected.

B. The instant case is due to monetary disputes between the Defendant living together and the victim.