The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

1. Summary of grounds for appeal;

A. The Defendant’s act constitutes legitimate defense or excessive defense, inasmuch as there was a result of the victim’s death in the process of defending the Defendant and the Defendant’s wife by bringing excessive damage to the Defendant’s room while misunderstanding the facts and misapprehending the legal principles, and threatening the Defendant’s wife E.

B. In light of the fact that the illegal criminal defendant voluntarily surrenders to the sentencing and that the criminal act of this case was committed with willful negligence, the lower court’s punishment (14 years of imprisonment) is too unreasonable.

2. Determination:

A. To recognize a legitimate defense under Article 21(1) of the Criminal Act as to a party’s defense or excessive defense claim, there must be an infringement of the current law on one’s own or another’s legal interest. The defense act must be socially reasonable, taking into account all specific circumstances, such as the type and degree of the legal interest infringed by the infringing act, the method of infringement, the completion of the infringing act, and the type and degree of the legal interest to be infringed by the defense act.

An act of defense as a requisite for the establishment of a political party’s defense includes not only pure and non-defensive defense, but also anti-defense form including active and anti-defense. The act of defense requires considerable grounds as an act to defend one’s own or another’s infringement of legal interest. An act of defense, not a defense, or an act of defense that goes beyond the limit as an act of defense under social norms, does not constitute an excessive defense as well as a legitimate defense (see, e.g., Supreme Court Decisions 2001Do1089, May 15, 2001; 92Do2540, Dec. 22, 1992). In addition, between those fighting in the same place, an act of attack and defense has been committed, and the act of defense has both characteristics as an act of attack at the same time. Thus, even if one party appears to fights as the outer part, it is unlawful.