The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal doctrine) is only a butotine fact that the damaged person is faced with the defendant at the time and place stated in the facts of crime in the judgment of the court below.

Therefore, the illegality of the defendant's act is excluded because it does not constitute violence or it does not go against social norms.

2. Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles

A. Although the appellate court did not have a new objective reason to affect the formation of a documentary evidence in its trial process, when it intends to re-examine the first instance judgment after re-evaluation of the first instance judgment, there are reasonable circumstances to deem that the first instance judgment was clearly erroneous, or that the argument leading to the acknowledgement of facts is considerably unfair due to the violation of logical and empirical rules, etc., and the first instance judgment should not be reversed without any such exceptional circumstance (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). (b) Although there was no objective reason to affect the formation of a documentary evidence at the first instance trial based on the foregoing legal doctrine, there was no objective reason to newly affect the formation of a documentary evidence at the first instance trial, and in light of the following circumstances that can be duly admitted by the evidence duly investigated by the lower court, it does not seem reasonable to maintain a judgment on the finding of facts in the lower court as it is, in light of the following circumstances.

1) G, the victim and witness, state to the effect that at the time, the defendant first ended the victim's body on the part of the defendant.

2) At the time, F, a witness, deemed that at the time, the Defendant and the victim showed to have pushed towards the vessel.

statement.

3) Although H, a witness, was first put to the Defendant at the time, he stated to the effect that the Defendant was sealed by the victim.

4) Comprehensively examining the above statements.