The judgment of the court below is reversed, and the case is remanded to the Incheon District Court Panel Division.

The grounds of appeal are examined.

1. Criminal facts regarding the part of violence shall be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court determined that the Defendant committed assault E, as indicated in the facts charged, and rejected the grounds for appeal for mistake of facts.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court, and is merely an error of the lower court’s determination on the selection of evidence and probative value, which belong to the free judgment of the fact-finding court. In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal, and did not err by exceeding the bounds of free

The allegation in the grounds of appeal that assault by the defendant constitutes a legitimate act or defense of a political party is not a legitimate ground of appeal, since the defendant asserts that such assault by the defendant constitutes a legitimate act or defense of a political party, or that the court below was not subject to judgment ex officio.

2. As to each damaged part of property

A. “Acts that do not contravene social norms” under Article 20 of the Criminal Act refers to acts permissible in light of the overall spirit of legal order or the social ethics or social norms surrounding the act. As such, if a certain act satisfies the requirements such as legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance of the legal interests of protected interests and interests infringed, urgency, and supplement that there is no other means or method other than the act, it shall be a justifiable act.