The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant took the same bath as stated in the facts charged in the process of responding to the victim’s obstruction and desire, and assault. Thus, this constitutes a justifiable act that does not contravene social rules.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. In so doing, it erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

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

2. The "act that does not violate the social rules" under Article 20 of the Criminal Act as to the assertion of misunderstanding of facts and legal principles refers to the act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether certain act is a legitimate act that does not violate social norms and thus, should be judged individually by considering the specific circumstances and on an individual basis, under the circumstances, the motive or purpose of the act, the reasonableness of the means or method, the balance between the interests of protection and infringement, the fourth urgency, and the lack of other means or method than the act (see, e.g., Supreme Court Decision 2002Do5077, Dec. 26, 2002). According to the evidence duly admitted and investigated by the court below, the victim's wrong manufacture of precious metal products from the victim "D" on the date of the manufacture of this case, and the order of this case was made by the victim.