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The judgment of the court below is reversed.
The sentence of sentence shall be suspended for the defendant.
Reasons
1. Summary of grounds for appeal;
A. Although the defendant erred by mistake or by misapprehending the legal principles, he was found guilty of the facts charged in this case, the court below erred by misapprehending the legal principles as to a legitimate act, which affected the conclusion of the judgment, even though he did not go against the social rules by taking a minimum response to preventing the victim who committed a failure.
B. The court below's decision on unfair sentencing is too unreasonable to impose a fine of KRW 500,00 on the defendant.
2. The crime of assault under Article 260 of the Criminal Act, which judged the mistake of facts or misapprehension of legal principles, refers to the exercise of tangible force against a person's body, and the exercise of such tangible force means physical pain.
(See Supreme Court Decision 200Do5716 Decided January 10, 2003. Meanwhile, “act which does not violate the social rules” under Article 20 of the Criminal Act refers to an act which is acceptable in light of the overall legal order, or the social ethics or social norms surrounding it, and the illegality of a certain act is excluded as justifiable act that does not violate the social rules should be determined individually under specific circumstances. Thus, in order to recognize such 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; (c) balance between the benefit and the benefit of infringement; (d) balance between the benefit of protection and the benefit of infringement; and (e) supplementary nature that there is no other means or method than the act.
(2) In light of the above legal principles, the Defendant’s chest at the time and place specified in the facts charged, and according to the evidence duly adopted and examined by the lower court, the Defendant’s chest at the time and place specified in the instant facts charged.