The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. With respect to the mistake of facts and misapprehension of legal principles on victims D, the Defendant instructed the victim's her son who had been pregnant and experienced in abortion due to her her her her her her her son who was born by her her pregnancy, and the victim resisted to correct the misunderstanding, and the Defendant's act constitutes a justifiable act that does not violate social rules and thus is dismissed from illegality.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. The lower court’s judgment on the assertion of misunderstanding of facts and misapprehension of legal doctrine is justifiable in that the Defendant’s act does not constitute a justifiable act that does not violate social norms because it did not meet the means or method’s reasonableness, balance of legal interests, urgency, etc., and thus, the lower court’s conclusion that found the Defendant guilty of this part of the facts charged is justifiable, and it does not err in the misapprehension of legal doctrine by misapprehending the facts alleged by the Defendant, or by misapprehending the legal doctrine.

Therefore, the defendant's above assertion is without merit.

B. The Defendant had a record of having received a disposition not to have the right to transfer or prosecute home protection cases several times for violent crimes, and was sentenced to a fine of KRW 500,000 on July 20, 2016 on the ground of interference with special official duties on July 20, 2016, and committed the instant crime without being aware of the period of suspension of execution after the judgment became final and conclusive on July 28, 2016, and the instant crime was committed during the period of suspension of execution. The number of times of the instant crimes is large, and the degree of assault against victim D is not easy.