A. In light of the legal principles, the Defendant, as a member of the church’s election management members, obstructed the smooth progress of church elections and prevented the victim from leaving the clothes of E, the chairman of the election management committee, and thus, constitutes legitimate act or self-defense.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. Determination of the misapprehension of the legal principle as to the assertion of legal principles ought to be made on an individual basis by comprehensively considering the following circumstances in light of the following circumstances: (a) whether a certain act constitutes legitimate act that does not contravene social norms; (b) the illegality of such act ought to be determined on an individual basis; (c) the justification of the motive or purpose of the act; (d) the reasonableness of the means or method of the act; (e) the balance between the protected interests and the infringed interests; and (e) the urgency of the act; and (e) supplementary nature that there is no other means or method other than the act. In addition, in order to establish self-defense under Article 21 of the Criminal Act, the act of defense should be socially reasonable by taking into account all the specific circumstances, such as the type, degree, method, and method of infringement; and the type and degree of legal interest to be infringed by the act of infringement; (b) the act of defense was based on the legitimate motive and purpose for the smooth progress of the church election, as the Defendant

Even if it is difficult to see that the defendant was equipped with supplementaryness, urgency, etc., it does not constitute a justifiable act that does not violate social rules. According to the statements of E, G, H, I, and J, including the witness Q of the scene of damage and the witness of the party, the defendant, while speaking for the victim who fights with E, made efforts by giving the victim several times, so that he would eventually go beyond the victim.