The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

One unit (No. 1) of seized tool, and KONEX.

The summary of the grounds for appeal is that the Defendant’s political party defense or excessive defense asserted for a long time occurred from domestic violence, and the Defendant was suffering from the “Ex Post Facto Force”, which is a kind of stress disorder after external stress disorder, and the Defendant was capable of suffering from excessive fear and defense even without actual risk. Therefore, at the time of committing the instant crime, the attack was aggressively committed.

When considering these special psychological conditions of the defendant, the crime of this case committed by the defendant constitutes a reasonable act to protect the life of himself/herself and his/her children, and constitutes legitimate defense.

Even if not,

Even if the crime of this case is committed under the defense of a political party, it is excessive defense as it goes beyond the reasonableness of the act.

Nevertheless, the court below erred by misunderstanding the facts or misunderstanding the legal principles, which found the Defendant guilty of the facts charged in this case.

The Defendant alleged mental disorder had had no or weak ability to distinguish a large quantity of alcohol from Mauritiuss or make decisions without using Mauritiuss, while suffering from Maurstal stress disorder and severe fluence arising out of domestic violence for a long time, at the time of the instant crime.

Nevertheless, the court below erred by misunderstanding the facts or by misapprehending the legal principles on mental and physical disorder.

The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

The punishment sentenced by the court below by the public prosecutor is too uneasible and unfair.

Judgment

1) In order to establish a legitimate defense of the defendant, the defendant's legitimate defense or excessive defense is to defend the current infringement of his/her own or other person's legal interest, and the type, degree, method, and level of the legal interest infringed by the infringing act, and the kind and degree of the legal interest to be infringed by the infringement act.