The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The misunderstanding of the legal principles reveals that the defendant's female-friendly body was stolen from the toilet to view the her female-friendly body, and the defendant escaped, and the defendant inflicted an injury on the victim in the course of breaking the victim who escaped. The defendant's act constitutes a justifiable act.

B. The punishment of the lower judgment that was unfair in sentencing (2.5 million won) is too unreasonable.

2. Determination

A. The phrase "act that does not violate the social norms" under Article 20 of the Criminal Act as to the assertion of misunderstanding legal principles refers to an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Thus, in order for a certain act to constitute a justifiable act, the requirements such as legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance between the legal interests and the legal interests of the protection, urgency, and supplementary nature that there is no other means or method than the act (Supreme Court Decision 2004Do8530 Delivered on February 25, 2005). According to the evidence duly adopted and investigated by the court below, it is recognized that the defendant inflicted an injury on the victim in the process of putting the victim who escaped and escaped.

However, in consideration of the fact that the defendant's face and physical appearance of the victim are met due to drinking and growth, and as a result, the victim suffered from the injury of the pelpelel, etc. requiring about five weeks medical treatment, the defendant's act satisfies the requirements of reasonableness, balance of legal interests, supplement, etc.

It is difficult to see it.

Therefore, this part of the defendant's assertion is without merit.

B. We examine the judgment on the wrongful argument of sentencing, the fact that the defendant is against himself while making a confession of the crime, the fact that the defendant's female-friendly body was stolen from the toilet to see the change of appearance, and that it was caused to commit the crime of this case, and that it is the first offender.