The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Since the Defendant, by mistake of facts or misapprehension of legal principles, had the face first and defended from the victim, the Defendant’s act constitutes excessive defense, and the Defendant’s act constituted breath, but did not injure the victim.

B. The sentence of a fine of KRW 1.5 million imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the evidence adopted and examined by the court below on the ground of mistake of facts or misapprehension of legal principles, the victim was released from the taxi after 1 time at the right eye of the defendant in the taxi. However, the victim was found to have committed an assault as stated in the facts charged in the instant case with the escape of the defendant. Since the defendant's act was committed as an active attack beyond the defense limit, it is difficult to view it as self-defense or excessive defense. This part of the defendant's assertion is not acceptable. According to the evidence duly adopted and examined by the court below, such as a photograph of damage, etc., the fact that the defendant suffered an injury as stated in the facts charged in the instant case by the victim and suffered an injury, such as his own heat.

We cannot accept this part of the defendant's assertion.

B. The victim first attacked the Defendant on the assertion of unfair sentencing, and the Defendant also sustained injury by the victim’s act.

Taking full account of the degree of violence, the degree of injury suffered by the victim, the balance of punishment between the defendant and the victim ( Co-defendant in the first instance court), the age, character and conduct, environment of the defendant, the motive, means and consequence of the crime in this case, and other circumstances shown in the oral proceedings, the punishment of the court below is too heavy.

This part of the defendant's argument is justified.

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and it is re-written.