The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and mistake of facts, the Defendant was even aware of the victim E (hereinafter “victim”)’s head during the time and place of parking as a matter of parking at the date and place of criminal facts acknowledged by the lower court.

However, since the injured party's act did not only go to the defendant several times prior to leaving the parking Stick on the floor by cutting the defendant's hand, but also carried the defendant's body by drinking the defendant and shaking the defendant's body, the defendant's act is merely an even smuggling of the victim's head. Therefore, the defendant's act constitutes a justifiable act as provided by Article 20 of the Criminal Act, i.e., an act that does not violate the social rules and thus, its illegality is dismissed.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, which erred by misapprehending the legal doctrine on justifiable acts under the Criminal Act, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (the penalty amount of KRW 400,000) is excessively unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

On April 19, 2018, the prosecutor submitted an application for permission to amend the Bill of Indictment to the effect that “the damaged person laid down a parking Stick in the Defendant’s hand and laid down on the floor” as stated in the previous indictment No. 3-4 indictment No. 9, and “the reason that the damaged person continued to be a defendant, such as his body, and annoyed by the injured person,” was submitted.

B. On July 3, 2018, at the third trial date of this Court, a prosecutor filed an application for revision of the indictment to the effect that “as of July 11, 2017,” “as of July 11, 2017, 22:10,” the previous indictment No. 1 written on the instant indictment was changed to “as of July 11, 2017, 22:05.”

This Court requests changes in the indictment to the above purport on the date of the second and third public trial.