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 light of the fact that the victim E was able to report the fact that the victim E was h's provoking of the defendant's friendship F, and the victim under the influence of alcohol took the victim's h's h's h's h's h's h'bl', and the victim was h'bl'd with the head of the defendant's h's h'bl', and the defendant was also the defendant, so the court below recognized the victim's h's h's face by h's h'k'

B. The Defendant’s act of self-defense and legitimate act, even if the act of violence is recognized, constitutes legitimate act or self-defense, where the Defendant committed a passive act of defense with intent to prevent the victim’s assault.

C. Even if the defendant's conviction of unfair sentencing is recognized, in light of all the circumstances, such as the fact that the defendant prevented the victim's assault against F, and the defendant also suffered damage from the reduction of trial power due to the victim's personal behavior, the sentence of the court below against the defendant is too unreasonable.

2. Determination

A. Whether an act constitutes a legitimate act that does not contravene social norms as to the mistake of facts, self-defense, and the assertion of a political party’s act ought to be determined on an individual basis by reasonably and reasonably considering the following circumstances: (a) to recognize such a justifiable act: (i) the legitimacy of the motive or purpose of the act; (ii) the reasonableness of the means or method of the act; (iii) the balance between the protected interests and the infringed interests; (iv) the urgency; and (v) the supplementary nature that there is no other means or method other than the act (see Supreme Court Decision 2006Do9307, Mar. 29, 2007); and (ii) the type of legal interests infringed by the act of infringement in order to constitute a legitimate act under Article 21 of the Criminal Act.