The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of the facts charged of this case, although the Defendant was not guilty of inflicting bodily injury on the victim, by misunderstanding the facts.

B. Political act Defendant’s act of having inflicted physical force on the victim during the process of preventing the victim’s escape, which was a part of fraud, constitutes an act that does not contravene social norms.

(c)

Sentencing is unfair because it is too unreasonable that the sentence (700,000 won) sentenced by the court below to the defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the fact that the Defendant inflicted bodily injury on the victim as stated in the instant facts charged can be sufficiently recognized.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just and there is an error of law by misunderstanding the facts as pointed out by the defendant and affecting the conclusion

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

B. The "act which does not violate the social rules" under Article 20 of the Criminal Act as to the assertion of a justifiable 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 a certain act is justified as an act that does not violate the social norms, and thus, the illegality should be determined individually by considering the specific circumstances. Thus, in order to recognize such a justifiable act, the following requirements should be met: (i) legitimacy of the act; (ii) legitimacy of the motive or purpose; (iii) reasonableness of the means or method; (iv) balance between the interests of protection and infringement; (v) supplementaryness of the interests of infringement; and (v) supplementaryness of the interests of protection and infringement; and (v) there is no other means or method other than the act (Supreme Court Decision 2003Do3000 delivered on September 26, 200).