A. The Defendant’s act of mistake of facts constitutes self-defense or legitimate act, which is aimed at getting out of the respiratory difficulty caused by the division into two times the parts of the Defendant’s milch.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. In order to establish self-defense under Article 21 of the Criminal Act as to whether an act of self-defense or a legitimate act, the act of defense shall be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, and the type and degree of legal interest to be infringed by the act of self-defense (see Supreme Court Decision 92Do2540, Dec. 22, 1992). In a case where it is reasonable to deem that an act of the perpetrator was committed with the intent of attack rather than with the intent of attacking the victim's unfair attack, and the act was committed against it, and thus, it cannot be deemed as self-defense because it has the nature of the act of attack at the same time (see Supreme Court Decision 200Do228, Mar. 28, 200). "an act that does not violate social rules" under Article 20 of the Criminal Act refers to an act of self-defense or an act of self-defense, which does not violate social norms or social norms, and thus, the act should be reasonably justified and reasonably justified.

Supreme Court Decision 200