A. misunderstanding of facts and misunderstanding of legal principles1) The Defendant’s act constitutes a justifiable act that occurred in the course of the Seoul Transport Corporation’s demonstration as it did not lawfully process the Defendant’s lost goods in accordance with the regulations on the handling of lost goods. 2) In the case of the crime of injury, the victim M appears to have been a chest after the case, but there was no hindrance in daily life, and the victim’s diagnosis of injury against the above victim cannot be deemed to have been proven without any reasonable doubt.

B. The court below's decision on unreasonable sentencing: one and half years of imprisonment

2. Judgment on misconception of facts and misapprehension of legal principles

A. “Act which does not contravene social norms” under Article 20 of the Criminal Act refers to an act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Thus, in order for a certain act to constitute a justifiable act, the requirements such as legitimacy of motive or purpose of the act, reasonableness of means or method of the act, balance between the protected legal interest and the infringed legal interest, urgency, and supplement that there is no other means or method other than the act.

(See Supreme Court Decision 2004Do8530 Decided February 25, 2005, etc.). According to the evidence duly adopted and examined by the court below, the defendant was found to have lost a bank in the subway station around December 27, 2018 and had been found to have been C around January 29, 2019. The fact that the employee belonging to the Seoul Transport Corporation had already disposed of it and did not find it. Since the defendant was lost, the defendant was found to have caused one person's demonstration in the C station on the ground that he was destroyed by his loss, and it is possible that the Seoul Transport Corporation did not take measures such as distribution and loss registration in accordance with the internal lost articles disposal regulations during the process of disposing of a bank owned by the defendant.