The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for four years from the date this judgment becomes final and conclusive.

1. Erroring of facts and misunderstanding of legal principles concerning the gist of the grounds for appeal: In so determining, the lower court erred by misapprehending the legal doctrine on excessive defense under Article 21(3) of the Criminal Act, thereby adversely affecting the conclusion of the judgment.

① Based on the statements made by B and the Defendant, the lower court recognized the fact that at the time of the instant case, the victim was seeking a knife for the harm of B and the Defendant, and the said statements are inconsistent with objective evidence.

(2) It cannot be deemed that the Defendant was in a state of imminent danger or fear stimult interest from the victim any longer at the time of sound that the Defendant gets the victim’s body, going beyond the floor, and reported to the police.

2. Determination

A. The Defendant and the facts charged are currently related to the Defendant and the Victim C(40) have been related to the Victim C(40) and have been notified separately from B.

On May 13, 2018, at around 04:21, the Defendant was locked as B in the residence located in Gangseo-gu Busan Metropolitan City, and the victim was able to have four phone calls from B, but the password, which was known to B, was opened and opened as B’s residence without telephone, and reported that B was accompanied by the Defendant and the Defendant, and was able to gather television while taking a bath. The Defendant was able to take the face of B with his hand when her bher her scke, and he was able to remove it.

The Defendant, by putting the victim’s body in front of the room, putting the head of the victim’s body, kidsing him on the left side side of the floor and sponsed him into the left arms, and assaulted the victim by forceing him continuously from 04:27 to 04:36, a police officer from 04:27 to 04:36 from the time of dispatch.

The victim has lost consciousness due to that reason, and the "Sasan-gu E" in the Seo-gu Q indictment in Busan is clear that it is a clerical error. [The above address is 100 pages of the evidence.