The part of the judgment of the court of first instance against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

Defendant.

1. Summary of grounds for appeal (misunderstanding the Act and improper sentencing);

A. Since the defendant's act is aimed at escaping from violence using the three single salary bars of the victim A, illegality is dismissed as it constitutes legitimate defense or legitimate act.

(b)the sentence sentenced by the first instance court (one year of suspended sentence in six months of imprisonment) is too unreasonable;

2. Determination

A. The first instance court did not accept the defendant's legitimate defense or legitimate act in light of the circumstances leading up to the defendant's act and the method of committing the crime of this case and the defendant's act derived from the defendant's intent to attack the victim's unjust attack. In full view of the various circumstances revealed in evidence duly adopted and investigated by the first instance court, even if considering the circumstances alleged by the defendant, the first instance court's judgment is just and acceptable, and there is an error of law by misunderstanding the legal principles of legitimate defense or legitimate act.

does not appear.

B. In full view of the various circumstances, including the fact that the first instance court’s judgment on the unfair argument of sentencing took place much more serious injury to the Defendant, and thus, it seems that the first instance court’s punishment on the Defendant seems to be relatively unreasonable.

3. If so, as the defendant's appeal is reasonable, the judgment of the first instance court is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the pleading is followed, and the following is again decided.

【Grounds for a new judgment】 The criminal facts of the defendant and the summary of evidence recognized by the court are identical to the records in the corresponding column of the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;