A. The instant act of misconception of facts or misapprehension of legal principles is merely a justifiable act that does not violate social rules, as the Defendant aged 78 loses an appraisal in a lawsuit delegated by the victim with a large amount of expenses.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding guilty of the facts charged.

B. The lower court’s sentence of a fine of KRW 700,000 against the Defendant claiming unreasonable sentencing is too unreasonable.

2. Determination

A. “Act which does not contravene social rules” as stipulated in Article 20 of the Criminal Act regarding an assertion of mistake of facts or misapprehension of legal principles refers to an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding the act. As such, if a certain act satisfies the requirements such as the motive of the act or legitimacy of the act, the reasonableness of the means or method of the act, the means or method of the act, the balance between the protected interest and the infringed interest, the urgency, and the supplement of the said other means or

I would like to say.

(See Supreme Court Decisions 2004Do8530 Decided February 25, 2005; 2013Do6761 Decided January 16, 2014, etc.). However, in this case where there is no evidence to prove the fact of deceiving the defendant in the course of acceptance of case, the motive or purpose of the act cannot be deemed justifiable, and the means or method of the act cannot be deemed reasonable, and there is no other means or method other than that of the act in expressing the defendant's assertion or suppression. Thus, the defendant's act of this case cannot be deemed as a justifiable act, and thus, the defendant's legitimate act of this case is legitimate.