The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for four years.

1. Summary of grounds for appeal;

A. The crime of this case by the defendant of excessive defense is committed by the victim during the process of preventing the attack by the preceding victim, and thus constitutes excessive defense, the judgment of the court of first instance, which neglected it, is erroneous in misunderstanding of facts or misunderstanding of legal principles.

B. The first sentence of unfair sentencing (five years of imprisonment) is too unlimited and unfair.

2. Determination:

A. We examine the judgment on the argument of excessive defense, as follows, the following facts acknowledged by the record, and the degree of the situation of the crime of this case by the defendant, the risk of deadly weapons used by the defendant for the crime of this case, i.e., the defendant's act of the defendant, "the victim would be killed or injured" while showing excessive progress in the state of the head of the defendant in the state of the defendant, and "the victim would be killed or injured," and the defendant's act was flaged by the defendant's own hand floor of the defendant. Therefore, the victim's act was reduced to the floor. The victim's act at the time was not considered to be a mere threat to the defendant, rather than the defendant's attempt to harm the defendant. On the other hand, the defendant cannot be viewed as an act of attacking the victim's head, and the victim's face cannot be seen as an act of attacking the victim's body, and the defendant's face cannot be seen as an act of attacking the victim's face.

Therefore, the argument of excessive defense that the defendant's act is a defense act is without merit.

B. We examine the argument of unfair sentencing, and the method of committing the instant crime.