The court below is just in maintaining the judgment of the court of first instance which acquitted the defendant on the grounds that the defendant's act constitutes a justifiable act and does not constitute a crime, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the justifiable act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Byung-hee

Justices Park Poe-young

Justices Kim Jae-han