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. In fact-finding, the Defendant committed an act of threatening or threatening as if he were drinking, even though the victim who had passed the fifth floor corridor of the D Hall was less likely to knife the victim. However, there is no fact that the Defendant had committed an act of threatening the victim.

B. The act of removing the loss of a victim who passed by the misapprehension of the legal principle constitutes a legitimate act which is acceptable in social life.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for changes in indictment to delete the part of the facts charged in the instant case “to threaten as drinking,” among the facts charged in the instant case, and the instant facts charged was changed by the court granting permission. As such, the judgment of the court below was no longer maintained.

However, even if there are such reasons for ex officio reversal, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court.

3. Judgment on misconception of facts and misapprehension of legal principles

A. In regard to the assertion of mistake of facts, the Defendant alleged that there was no act of threatening the victim. However, according to the evidence duly adopted and investigated by the lower court, the Defendant’s assertion of mistake of facts is without merit, since it is sufficiently recognized that the victim was closely involved in the process of fighting the victim and fighting the body of the victim who seeks to pass through the corridor.

B. As to the assertion of misapprehension of the legal principles, it is necessary to determine whether an act is justified as a legitimate act that does not contravene the social norms, and thus, it should be determined individually by examining the motive or purpose of the act, the reasonableness of the means or method of the act, the balance of the legal interests between the third protected interests and the infringed interests, and the fourth.