The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is that the defendant's act of keeping the victim's body and spabling can not be deemed as a legitimate act that does not violate social rules and legitimate defense, but the court below erred by misunderstanding the facts, thereby recognizing a legitimate act and a legitimate defense.

2. Determination

A. "Acts which do not violate social norms" under Article 20 of the Criminal Act refers to acts which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether certain acts constitute legitimate acts which do not violate social norms should be determined on an individual basis, under specific circumstances, by rationally and reasonably considering the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the interests of protection and infringement, the fourth urgency, and the fifth supplementary nature that there is no other means or method than the act (see, e.g., Supreme Court Decisions 86Do1764, Oct. 28, 1986; 2008Do7848, Feb. 12, 2009); and the court below should have determined that the defendant's act constitutes an infringement of legal interests by the victim's act under Article 21 of the Criminal Act (see, e.g., Supreme Court Decision 200Do948, Feb. 29, 2009).