All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence of the lower court (7 million won in penalty) is too unhued and unreasonable.

B. Defendant 1) Unlike the facts constituting the crime indicated in the lower judgment, the Defendant did not pay attention to the victim B (hereinafter “victim”).

2) The Defendant’s act stated in the facts constituting a crime of the lower judgment by misapprehending the legal doctrine was a defensive act against the victim’s knife, and thus constitutes a legitimate defense or a legitimate act.

3) The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. The defendant asserts that the defendant's assertion of mistake of facts against the defendant is that in the situation where the injured person threatens him/her to knife, he/she has taken the face of the victim by using his/her backway, but there is no fact that he/she had taken the front of drinking.

However, according to the following circumstances acknowledged by the evidence duly adopted at the court below and the court below, i.e., ① a report on the on-site dispatch of violent incidents prepared by the police immediately after the case, the statement by each investigation agency of the victim, and the statement by the court below, the victim was able to find the defendant as a matter of provisional payment of wages, and the defendant was able to have his face

According to the consistent statement, (2) photographs of the victim's face taken by the police immediately after the case, and photographs of the victim's face taken by him after the case, etc., the victim's face taken by himself is found in the appearance where various places, such as the victim's cryp and the cryp, in addition to the cryp, the victim's cryp, etc., which are specified as the part of the victim's face. In light of this, the defendant seems to have faced the victim's face by drinking, etc. in light of the above, (3) according to the photographs taken by the defendant immediately after the case, there is a red change due to drinking, etc., and (4) the defendant said that he was the victim's own loss at the investigative agency, and (4) at the time of the case.