The defendant's appeal is dismissed.

1. The lower court’s scope of trial in this Court dismissed each of the Defendant’s charges of assault against C and intimidation, and sentenced the Defendant to a conviction on the remainder of the charges. Only the Defendant appealed on the conviction. The part dismissing the above prosecution was not appealed by the prosecutor, and the part dismissing the prosecution was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. Summary of reasons for appeal;

A. The Defendant, misunderstanding of facts, etc. (the point of violence as indicated in the judgment of the court below) merely caused the birth of a volunteer soldier according to the direction of the mid-term commander, and there was no intention to assault E, and is also dismissed as a legitimate act under Article 20 of the Criminal Act.

Nevertheless, the judgment of the court below that found E guilty of this part of the facts charged is erroneous in the misunderstanding of facts and legal principles.

B. The sentencing of the lower court is too unreasonable.

3. Determination

A. 1) The Defendant asserted that the lower court’s determination was identical to the assertion of mistake of facts, etc., and the lower court rejected the said assertion by providing a detailed statement on the determination thereof.

2) The "act which does not violate the social rules" under Article 20 of the Criminal Act refers to the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether certain act is a legitimate act that does not violate the social norms and thus, should be determined individually by considering the specific circumstances and on the basis that it should be determined individually. Thus, in order to recognize such legitimate act, first, there is no means or method other than the motive or purpose of the act, second, reasonableness of the means or method, third, balance of the interests and interests of infringement, fourth, urgency, fifth, there is no other means or method other than the act.