The prosecutor's appeal is dismissed.

On September 24, 2018, at around 20:45, the Defendant suffered from the injury of special assault or the injury of special assault (the injury of special assault) of the facts charged by the Defendant’s house located in Gangseo-gu Seoul, Gangseo-gu, Seoul, the victim C (the age of 38) who was living as a tenant and his/her father’s her his/her her her son, and the death degree (the length of 1m 50cm) which is a dangerous object in his/her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s k

Preliminary charge (special assault) Defendant assaulted the victim’s head at one time with the victim’s death, which is a dangerous object as above.

A special injury accused gets off on hand a dead body, which is an object dangerous to the arms of the victim D (n, 64 years old) who is the mother of C, who is the defendant at the above date, at the above time, and at the above place, and caused injury to the victim, such as salt ties and sprinks on the left side, which require treatment for about three weeks

The summary of the grounds for appeal (the factual error, the misunderstanding of legal principles) is that the Defendant got the head of the victim C with death to get off, thereby causing injury, such as cage cages, etc., and suffered injury to the victim D.

Since the defendant's act is an excessive attack beyond the defensive act, it does not constitute excessive self-defense or exemption.

Judgment

The judgment of the court below is not sufficient to support that the defendant suffered bodily injury, such as the injury of the victim C, the injury of the victim's head of the victim C, and the injury of the victim, the injury of the victim, the injury of the victim's special assault, and the injury of the defendant in the charges of special injury, constitutes self-defense under Article 21 (1) of the Criminal Act (the majority opinion of four of the jury) and Article 3 of the Criminal Act, even if the defendant's act was conducted in the course of a participatory trial, the witness examination of the victims and witness, and the jury's verdict are respected.