A. misunderstanding of facts and misunderstanding of legal principles merely contacted the body of the victim during the course of unilateral assault from the victim, and there is no active crime of committing the victim. This constitutes legitimate act as stipulated in Article 21 of the Criminal Act or an act of self-defense or defense by exceeding or defending the victim’s unlawful violence.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts and misapprehension of legal principles that did not have an assault, the lower court also asserted the same purport as the grounds for appeal in this part. According to the evidence duly adopted and examined by the lower court, the lower court’s judgment is justified, and there is no error of misunderstanding of facts as alleged by the Defendant. 2) In order to recognize a certain act as self-defense or a legitimate act as self-defense, the act is to defend against the current infringement of legal interests of oneself or of others, and thus reasonable. Whether the act of defense is socially reasonable should be determined by taking into account all specific circumstances, such as the type, degree, method of infringement, and type and degree of legal interest to be infringed by the act of self-defense and the act of self-defense.

(see, e.g., Supreme Court Decision 2003Do4735, Apr. 27, 2006). In addition, “act that does not violate social rules” under Article 20 of the Criminal Act.