A. misunderstanding of the legal doctrine, the Defendant unilaterally committed an assault from the injured party, and the Defendant, in the course of resistance, inflicted an injury on the injured party, thereby constituting a legitimate defense or a legitimate act.

Therefore, the judgment of the court below that found the defendant guilty is erroneous in the misapprehension of legal principles.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. In order to establish a legitimate defense under Article 21 of the Criminal Act, 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 the legal interest infringed by the act of infringement, the completion of the act of infringement, and the type and degree of the legal interest to be infringed by the act of defense (see Supreme Court Decision 2010Do3305, May 27, 2010, etc.). As a passive resistance, in order to establish a legitimate act under Article 20 of the Criminal Act, in light of all circumstances, such as the process and purpose leading up to the act of defense, the means, and the intent of the actor, etc., the act shall not be active, but shall not go beyond the bounds of passive defense.

2) The following circumstances acknowledged by the evidence duly adopted and examined at the court below: (i) The victim D made a concrete and consistent statement at the investigative agency and the court of the court below to the effect that “I would like to see that the defendant was in in a bad relationship with her husband before her husband, I would like to see the defendant’s head debt before her husband, and I would like to see the defendant’s body and sexual part by her head debt, and the defendant would like to her body and face while her tending a big key in the process, and her face and her face was faced with her face (64-65 pages of the trial record, 39 pages of the evidence record).”