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

The grounds of appeal are examined.

1. The crime of assault under Article 260 of the Criminal Act refers to the exercise of unlawful tangible force against a person’s body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, the circumstances at the time of the act, the form and type of the act, the existence and degree of suffering to the victim (see, e.g., Supreme Court Decision 2009Do6800, Sept. 24, 2009). Meanwhile, the “act that does not contravene social rules” under Article 20 of the Criminal Act refers to an act that is permissible in light of the overall legal order or the social ethics or social norms surrounding it, and whether a certain act constitutes legitimate act that does not contravene social norms, and thus, is justified, and thus, it should be determined individually by examining the purpose and rational circumstances under specific circumstances.

To recognize such a legitimate act, the following requirements should be met: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance between the protected interests and the infringed interests; (d) urgency; and (e) supplementary nature that there is no other means or method than the act (see Supreme Court Decision 2008Do699, Oct. 23, 2008, etc.). 2. The summary of the assault added as the conjunctive facts charged at the court below on May 4, 2016 by the Defendant at the D coffee shop located in Changwon-si, Changwon-si, Busan (hereinafter “instant coffee shop”); and (b) on the ground that the victim, the wife, without attending the movement conference of his father, did not cause the victim to assault or injure the victim after taking advantage of the coffee shop.

3. According to the first instance court and the evidence duly admitted by the lower court including CCTV images of the instant coffee shop, the following facts are revealed.

A. Defendant 1: the date and place indicated in the foregoing facts charged, and the body part of the victim at the same time and place are considered both descendants.