The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The Defendant misunderstanding the fact at the site of this case, but instead, the Defendant’s body was flick in order for the victimized person to flick the Defendant, rather than flicking the victim, is flick in the upper part of the Defendant.

B. Legal principles are that the defendant's act constitutes legitimate defense, and the defendant's act exceeded the degree of the defendant's act, since the misunderstanding victim first when the defendant was the defendant.

Even if it comes to the excessive defense due to the fear of night or the current situation.

(c)

The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

(d)

The sentence of the court below (one year and six months of imprisonment) against the illegal defendant in sentencing is too unreasonable.

2. Before making a judgment on the grounds for an ex officio appeal, the prosecutor applied for changes to the defendant's name of the crime (a group, deadly weapon, etc.) as "special injury" at the trial of the party, and Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act "Article 258-2 (1) and Article 257 (1) of the Criminal Act" as "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act" as "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the same Act. Since this court permitted this and changed to the subject of the judgment, the judgment of the court below was no longer maintained.

However, even if there are such reasons for reversal of authority as above, the defendant's mistake, misunderstanding of legal principles, and argument about mental or physical weakness is still subject to the judgment of this court.

3. Judgment on the grounds for appeal

A. After the occurrence of the instant case, the victim made a determination on the assertion of mistake of fact at the investigative agency, “The defect, such as flabing the Defendant’s flaps on the left hand, shakeing and pusheding the Defendant’s flab, was also flabed, and flabed twice the Defendant’s inside the right hand.

Defendant also.