The judgment of the court below is reversed.

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

, however, for one year from the date this judgment became final and conclusive.

1. The gist of the grounds for appeal exercised violence against the defendant, such as the victim first dumping the defendant's timber.

The defendant's act constitutes legitimate self-defense or legitimate act as a passive defensive act to escape from violence of the victim.

2. According to the voice file in which the field situation was recorded at the time of determining the grounds for appeal, the victim appears to have started assaulting the Defendant first, but the Defendant and the victim were disputing each other before the victim assaulted the Defendant, by withdrawing the money from his father’s passbook, and upon the commencement of physical fighting, the Defendant’s act was deemed to have the nature of attacking at the same time as the defensive act.

Therefore, we cannot accept the defendant's argument that the defendant's act constitutes self-defense or legitimate act.

3. The appellate court, ex officio, may decide ex officio on the grounds that affected the judgment, even where the grounds for appeal are not included in the grounds for appeal. As such, in a case where the defendant appealeds only on the grounds of mistake of facts, the appellate court may reverse ex officio the judgment of the first instance on the grounds of unfair sentencing and determine a minor sentence than the sentencing of the first instance on the grounds of unfair sentencing (see, e.g., Supreme Court Decision 90Do1021, Sept.

As seen earlier, the crime of this case appears to have occurred in the course of setting up against the victim's attack, the degree of injury of the victim is minor, the primary offender, and the relationship between the defendant and the victim, it is determined that the court below's punishment is too unreasonable.

4. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the defendant's appeal is without merit, but there is a ground for ex officio reversal.