The defendant's appeal is dismissed.

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable in light of the following: (a) the summary of the grounds for appeal is divided and reflected by the defendant's mistake; and (b) the defendant's act constitutes excessive defense and constitutes grounds for voluntary mitigation or exemption of punishment, etc.

2. Determination

A. First, we examine whether the Defendant’s instant crime constitutes excessive defense as stipulated in Article 21(2) of the Criminal Act.

In a case where it is reasonable to view that an act by a perpetrator was committed by the intent of an attacker rather than by defending the victim’s unjust attack, and that the act was committed by and against the attacker, the act is an act of attack, and at the same time, an act of attack has the nature of an act of attack, and thus, it cannot be deemed as an act of self-defense or excessive defense.

(See Supreme Court Decision 200Do228 Decided March 28, 200, and Supreme Court Decision 2010Do4040 Decided June 10, 201, etc.). According to the evidence duly admitted and examined by the lower court, it is recognized that, at the time of the occurrence of the instant case, the Defendant first saw the back head of the horses victim’s Defendant that the victim was trying to talk about a female who had drinking together with the Defendant at the time of the occurrence of the instant case, the victim was able to drink together with the Defendant, and that the Defendant was able to see the victim’s eye with the glass cup on the table.

According to the above facts, the defendant's act is not aimed at defending the victim's unjust attack, but rather at defending the victim's wrongful attack, and it has the nature of the act of attack at the same time as the act of defense. Therefore, it cannot be viewed as excessive defense.

The defendant alleged that the victim committed serious assault to the point of causing serious harm to the defendant by citing the defendant's left drinking, beyond simply taking the part of the defendant's back head. However, according to the statements of other witnesses, the victim is back head of the defendant.