The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. The Defendant’s act of misunderstanding the facts or misunderstanding the legal principles is an act committed in order to oppose the use of a secret assault against the injured party, and thus, the illegality should be avoided as a legitimate defense.

Therefore, the judgment of the court below which found Defendant guilty is erroneous in the misapprehension of legal principles or thereby affecting the conclusion of the judgment.

B. The sentence of the lower court that is unfair in sentencing (an amount of KRW 700,000) is too unreasonable;

2. Determination

A. In order to establish a legitimate defense under Article 21 of the Criminal Act, the defense act should be socially reasonable, taking into account all specific circumstances, such as the type and degree of the legal interest infringed by the act of infringement, the method of infringement, the completion of the act of infringement, and the type and degree of the legal interest to be infringed by the act of defense.

(See Supreme Court Decision 2009Do2114 Decided June 11, 2009) The Defendant asserted the same purport in the lower court. As to this, the lower court found the Defendant guilty of the facts charged in this case on the ground that the Defendant’s act does not constitute a legitimate defense in light of the circumstances as stated in its reasoning.

Examining the evidence legitimately adopted and examined by the court below in light of the above legal principles, the court below's finding and determination of facts (Provided, That it appears to be a clerical error in the "comprehion to the victim" that the third part from the second bottom of the court below's judgment against the defendant" seems to be legitimate, and there is no error of law by mistake of facts or by misunderstanding of legal principles as alleged by the defendant.

This part of the defendant's assertion is without merit.

B. Circumstances unfavorable to the Defendant regarding unfair determination of sentencing are as follows.

up to the trial of the party, the defendant contests the defense of the party and denies the crime of this case.

The Defendant did not agree with the victim.

However, there are the following favorable circumstances for the defendant.

In this case.