A. misunderstanding of facts and misapprehension of legal principles, the injured party’s wife suffered from the instant crime merely does not cause interference with daily life and can naturally be cured, and thus does not constitute injury to the injured party’s injury caused by negligence.

Even if the defendant's act constitutes the element of the crime of causing bodily injury by negligence, the crime of this case was inevitable in the course of arresting a flagrant offender, and its illegality is excluded as a legitimate act that does not violate the social norms.

However, the lower court erred by misapprehending the legal doctrine on the lawful act, thereby adversely affecting the conclusion of the judgment.

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

2. Determination

A. Determination as to the assertion of mistake of fact 1) In the Criminal Act, an injury means that the victim’s physical integrity or harm the physiological function is inflicted on the victim’s physical integrity, and annoying person, which is extremely unnecessary to treat as a superior position, thereby infringing on the health conditions.

In a case where it is difficult to see that the injury constitutes an injury (see, e.g., Supreme Court Decisions 99Do4305, Feb. 25, 2000; 2010Do10305, May 26, 201). 2) Taking into account the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the injury suffered by the victim cannot be deemed as a minor of “the extent that it does not interfere with natural treatment and daily life even if it does not receive treatment.”

A) The victim, as a result of the instant crime, was pulverging the left arms and trees due to the instant crime, and was pulverging the left shoulder.

b) The victim stated that he was given an emergency treatment at the department store security room immediately after the crime of this case. After receiving an emergency treatment at the department store security room, the Defendant, along with the Defendant, presented KRW 130,000 in the hospital emergency room.