A. misunderstanding of facts and misapprehension of the legal doctrine, the Defendant was pushed a victim to prevent the victim from entering the port, which constitutes a legitimate defense or legitimate act.

In addition, it is unclear whether the victim's injury was caused by the defendant's act.

Nevertheless, the court below found the defendant guilty of the facts charged, and there is an error of misunderstanding of facts and legal principles.

B. The sentence (700,000 won) sentenced by the lower court against the Defendant is too unreasonable.

2. Determination

A. In order to establish a legitimate defense under Article 21 of the Criminal Act as to the assertion of misunderstanding of facts and legal principles, the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type, degree, method, and level of infringement of legal interests by the act of infringement, the completion of infringement, and the type and degree of legal interests to be infringed by the act of defense (see Supreme Court Decision 92Do2540, Dec. 22, 1992). Whether a certain act constitutes a legitimate act as a ground for excluding illegality should be determined reasonably and reasonably depending on specific cases. To be recognized as a justifiable act, the first, the legitimacy of the motive or purpose of the act, the reasonableness of the second means or method, the balance between the legal interests protected and the third, urgency, and the third, the fourth, urgency, and the fifth, the lower court rejected the Defendant’s assertion that there was no other means or method other than the act of defense by the victim from the victim’s testimony in detail (see Supreme Court Decision 2004Do8530, Feb. 25, 20005).

The judgment of the court below is justified.