The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

However, the period of one year from the date this judgment becomes final and conclusive.

Summary of Reasons for appeal

A. The Defendant’s act of misunderstanding facts and misapprehension of the legal doctrine constitutes a legitimate defense or excessive defense, which is an act to prevent the Defendant’s mother’s current unreasonable infringement.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. Determination on the misunderstanding of facts and legal principles 1) In order to recognize a certain act as a “political defense”, the act is to defend against the current infringement of one’s own or another’s legal interest, and there should be considerable reasonableness. Whether the act of defense is socially reasonable should be determined by taking into account all specific circumstances, such as the type and degree of the legal interest infringed by the act of infringement, method of infringement, the completion of the act of infringement, and the type and degree of the legal interest to be infringed by the act of defense (see, e.g., Supreme Court Decision 2013Do2168, Mar. 15, 2017). In addition, the term “excess defense” refers to a case where there was a defense act but it exceeded the degree of such defense, and there is no room for excessive defense in the event of a justifiable defense situation that is the current unfair infringement of one’s own or another’s legal interest.

2) We examine the above legal principles in light of the above legal principles.

In light of the circumstances indicated by the lower court, the following circumstances revealed by the evidence duly adopted and examined by the lower court, namely, ① the Defendant, prior to the Defendant’s assaulting of the victim, talked with the Defendant’s mother for a considerable amount of time as much as the Defendant’s mother would have a big luxate and boomed with the Defendant’s finger, but did not directly exercise physical power or exercise the same act, ② the Defendant’s mother and the victim immediately before the Defendant assaulted the victim.