The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and misunderstanding of the Defendant was in the state of being caged at that time, and the victim’s chestd and broken down the Defendant’s chest in order to cut off the key of the vehicle possessed by the Defendant in a narrow vehicle of which K is narrow.

In order to prevent this, the above victim was dead, and the above victim did not have any injury.

Therefore, the above act of the defendant is a legitimate defense that is recognized as reasonable to defend the present unfair infringement.

However, the judgment of the court below that found the Defendant guilty of this part of the facts charged is erroneous by misunderstanding the facts and misunderstanding the legal principles.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 6 million) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. In a case where it is reasonable to view that the perpetrator's act was wrapped with one another's intent to attack the victim's unfair attack rather than with a view to defending the victim's unfair attack, and that the perpetrator's act was committed against one another's attack, and that he did not constitute a legitimate defense, since he's act has the nature of the act of attack at the same time as the defensive act, at the same time (see Supreme Court Decision 2003Do4934, Jun. 25, 2004, etc.). (b) The court below held that the defendant's act does not constitute a legitimate defense in light of the circumstances of this case and the method of exercising the defendant's tangible power, which are acknowledged

In light of the facts charged, this part of the charges was convicted.

(c)

Examining all the circumstances, such as the motive and background leading up to the instant case, the degree of exercising each tangible force that the Defendant and the victim K appears to have been exercised by the Defendant and the victim, and the circumstances before and after the instant case, as alleged by the Defendant, in light of the legal principles as seen earlier, the above victim may have any tangible force against the Defendant.