The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

In full view of the following: (a) there was a problem between the Defendant and the Defendant, such as requesting the Defendant to take care of the collapse accident that occurred on the day preceding the instant case; (b) the Defendant attempted to disregard the victim’s neck despite having been continuously demanded by the victim to take care of the accident through dialogue; and (c) the Defendant attempted to deviate from the scene by driving the vehicle by driving the vehicle; and (d) the degree of shock the victim’s shock caused by such act is not minor; and (b) the Defendant’s act of harming the victim’s neck constitutes an unlawful attack on the human body as an exercise of tangible force beyond the passive defense

Nevertheless, the court below determined that the illegality of the defendant's act of harming the victim's timber constitutes an act that does not violate the social norms and thus constitutes a violation of the social norms. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

The "act which does not violate the social rules" of Article 20 of the Criminal Act concerning the prosecutor's assertion of mistake refers to the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms, which is located behind it. Whether certain act is justified as a legitimate act that does not violate the social rules, and thus, the illegality should be avoided, based on specific circumstances, and it should be determined individually. Thus, in order 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 protected interest and the infringed interest; (iv) urgency; and (v) supplementary nature that there is no other means or method other than the act.

(see, e.g., Supreme Court Decision 2003Do3000, Sept. 26, 2003). Social rules under Article 20 of the Criminal Act are stipulated.