The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds for appeal is that the victim continues to make a false statement, and the defendant has no record of assaulting the victim as stated in the facts charged.

2. Determination

A. Prior to the judgment on the grounds of appeal by the defendant, the prosecutor examined the case ex officio, and after going through lawful procedures, the prosecutor applied for the amendment of the indictment to the effect that "the victim assaulted the victim at least 3-4 times in drinking," among the facts charged against the defendant, "the victim abused the victim at 3-4 times in drinking, flab, and 3-4 times in dubs of the victim." Since this court permitted this, the subject of the judgment was changed by this court, the judgment below was no longer maintained.

B. However, while recognizing all the facts charged, the defendant's act constitutes self-defense, the defendant's act is examined.

1) Between the persons making the same fighting, both acts of attack and defense have been conducted consecutively, and the acts of defense have been conducted at the same time, and they cannot be deemed as a legitimate act for defense or self-defense by causing only one of the parties’ acts, which are the two areas of attack. However, even if they appear to be fighting one another, in fact one of the parties unilaterally commits an illegal attack and the other party uses tangible power as a resistance to protect himself and escape from such attack, it is reasonable to allow it in light of social norms only if the act does not be regarded as a new affirmative attack. 2) The court below and the court below, and the court below, taking full account of the evidence duly adopted and examined by the court, the defendant spathn each other, on the ground that the victim was approaching or dancingd by a foreigner in the liquor of Seoul, Seoul, on the ground that the victim was approaching a foreign woman, and that the victim was approaching a foreign woman.