The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

The excessive one (No. 1) seized shall be confiscated.

1. Summary of grounds for appeal;

A. Defendant 1 has been subject to violence for several years after the Defendant started living with the victim, and at the time of the instant case, the Defendant committed murdered the victim to defend the victim’s assault. Therefore, the Defendant’s act cannot be punished as an excessive defense under Article 21(3) of the Criminal Act, or should be mitigated or exempted as an excessive defense under Article 21(2) of the Criminal Act. (2) The lower court’s punishment (five years of imprisonment and confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the misapprehension of the legal principle of the defendant

A. The lower court determined that the Defendant unilaterally committed an assault against the victim, i.e., the following circumstances, which can be acknowledged by the evidence duly examined.

In light of the fact that it appears that both parties dispute rather than the one, and it is difficult to see that the defendant was in an imminent situation as much as the defendant could not find any other means of avoidance. ② At the time, the victim was in a state of 0.3% or more of blood alcohol level, and the defendant was in excess of 0.3%, and there is time for the defendant to judge whether the defendant's act was committed by the victim, such as "I kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn." It can be evaluated that the defendant had the intention to harm the defendant by the method of harm and the degree of the situation. ③ At the time of the crime in this case, it is difficult to see that the defendant's act was in a state that cannot expect normal judgment due to fear, depression, entertainment,

(b) the determination of this Court is rather than to defend the victim’s unjust attack.