The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The defendant does not pay the above fine.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant: (a) committed an attack with a knife, horse, etc. first by the victim to defend the attack; (b) so, this constitutes a minimum defense against the victim’s unlawful attack, which constitutes a legitimate defense or legitimate act; (c) however, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The punishment of a fine of KRW 1.5 million sentenced by the court below which was unfair in sentencing is too unreasonable.

2. Determination

A. In a case where it is reasonable to view that a misunderstanding of the facts and legal principles committed by a perpetrator, rather than with a view to defending the victim's unfair attack, the perpetrator first fighted with the intent of attack, and caused the attack against it, that act has the character of the act of attack at the same time, which is an act of attack (see, e.g., Supreme Court Decisions 2003Do4934, Jun. 25, 2004; 200Do228, Mar. 28, 2000). The following circumstances revealed by the evidence duly adopted and investigated by the court below and the court below, namely, the defendant, after entering the shower room by the prosecution, committed an attack with the victim's knife while the victim was displayed in the shower room, and the defendant got the victim deducted the above knife.

The statement, and thereafter, F observed the shower room and the situation, and F was satising by the Defendant and the victim at the time of the original trial.

In light of the statement, the degree and form of the victim’s injury, etc., the fact that the victim had committed an attack while knife a knife as alleged by the defendant.

Even after the defendant deductions the knife, the defendant continued to attack with the victim and inflicted considerable injury on the victim.