A. misunderstanding of facts and misunderstanding of legal principles were committed by the Defendant away from a funeral hall after the victim F (hereinafter “victim”) and the first time of vision in the funeral hall on the day of the instant case. However, the Defendant’s above act constitutes legitimate self-defense or legitimate act and thus, is deemed unlawful. The Defendant’s act constitutes self-defense and legitimate act. The Defendant’s act constitutes self-defense and legitimate act. The Defendant’s act is deemed unlawful.

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

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (one million won of a fine) is too unreasonable.

2. Determination

A. Determination of mistake of facts and misapprehension of legal principles (1) The "act which does not violate social rules" under Article 20 of the Criminal Act refers to the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether certain act is justified as a legitimate act that does not violate social norms, should be determined individually by considering the following specific circumstances: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance of the protected interests and the benefit of infringement; (iv) balance of the protected interests and the benefit of infringement; and (v) supplementary nature that there is no other means or method other than the act (see, e.g., Supreme Court Decisions 2003Do300, Sept. 26, 2003; 2003Do4934, Jun. 25, 2004); and (iii) Article 21 of the Criminal Act.