The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles, the act of the defendant by misunderstanding the legal principles is inevitable for the defendant's personal right and freedom of action on the wind so that the defendant's act was insultingly committed by the defendant who is the age of the victim and obstructed the course of the defendant. Thus, illegality is dismissed as it

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles and affected the judgment.

B. The punishment sentenced by the lower court (the penalty amount of KRW 700,000) is too unreasonable.

2. Determination

A. "Act which does not violate social norms" under Article 20 of the Criminal Act in part of the misunderstanding of legal principles refers to an act which is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether a certain act is justified as an act that does not violate social norms, must be reasonably examined and determined on an individual basis under specific circumstances. In order to recognize such a legitimate act, the requirements such as the motive or justification of the act, the legitimacy of the act, the means or method of the act, the reasonableness of the means or method of the act, the balance between the benefits and the benefits from the act and the benefits from the infringement, urgency, and the supplementary nature that there is no other means or method (see, e.g., Supreme Court Decision 2008Do7848, Feb. 12, 2009), and Article 21 of the Criminal Act should be duly established by taking into account all the circumstances acknowledged by the court below, such as the type and method of infringement, the degree of infringement, and the degree of completion of the act of infringement, as follows.