가. 법리오해 피고인은 피해자로부터 손가락을 물리자 이를 빼내려는 과정에서 피해자의 양 젖꼭지 부위를 꼬집어 뜯게 된 것이므로, 이러한 피고인의 행위는 정당행위이거나 정당방위 내지 과잉방위에 해당한다.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination:

A. As to the assertion of legal principles, "act which does not violate social rules" under Article 20 of the Criminal Act refers to the act which is permissible in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether a certain act is legitimate and unreasonable, which is not contrary to social rules, should be determined individually by examining and reasonably under specific circumstances. Thus, to recognize such legitimate act, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the benefits of protection and infringement; (iv) urgency; and (v) supplementary nature that there is no other means or method other than the act (see, e.g., Supreme Court Decision 2003Do300, Sept. 26, 2003); and (iii) the Defendant’s lawful act of self-defense as stipulated in Article 21 of the Criminal Act should be determined by taking into account the following circumstances: (i) the type of legal interests infringed by the act of defense; and (iv) the victim’s level of defense and the act; and (iv) the extent of social 29.