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. Legal principles are self-defense inasmuch as the Defendant committed an assault against the victims, and thus constitutes self-defense.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) 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 a self-defense, rather than for defending the victim’s unfair attack, and that the perpetrator first fighted with the intent of attack, and went against it, the perpetrator’s act constitutes self-defense.

(2) The defendant's act constitutes self-defense in light of the motive and circumstance leading up to fighting and the situation leading up to fighting and the situation leading up to fighting in light of the records of this case, even though the victims first assault the defendant, as alleged by the defendant, in light of all the circumstances indicated in the records of this case, such as the motive and circumstance leading up to the fighting and the situation leading up to fighting, it is reasonable to view that the defendant's act has the nature of an attack as an active counter-defense beyond the limit of passive defense against the victims.

B. It is recognized that the Defendant’s judgment on the assertion of unfair sentencing is not easy to use assault and damage, such as the victim E’s interruption by taking account of the victims’ occurrence.

However, considering all the circumstances that led to the instant crime in the course of the Defendant’s unilateral assault from the victims, the Defendant suffered greater damage due to the victim’s assault, the Defendant’s primary offender, and other circumstances that form conditions for sentencing, such as the Defendant’s age, character and conduct, motive, means and method of the instant crime, and circumstances after the crime, the lower court’s punishment is somewhat unreasonable.

3. Accordingly, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act and it is subject to pleading