A. Fact-finding and misapprehension of legal principles do not constitute spits or spits on the victim's face, and even if such spits or spits are recognized, there is no performance nature and there is no possibility of constituting the elements

Furthermore, it constitutes the elements of insult.

Even if the defendant's act constitutes self-defense or legitimate act to escape from illegal arrest, there is no illegality.

B. Even if the Defendant is found guilty of an unreasonable sentencing, the lower court’s punishment (two million won of fine) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts and misapprehension of legal principles, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below: ① The victim was asked from the investigative agency to the court of the court below to determine what the defendant is going on the cargo vehicle; ② the defendant constantly stated to the effect that the defendant was spiting the victim's face; ② The victim first stated that the defendant was punished as a light crime, but the victim was arrested as a flagrant offender at the time when the victim was spited, and then the victim was arrested as a flagrant offender; ③ the place of this case was arrested as a flagrant offender, ③ the commercial building, housing, etc. in which many and unspecified people could see the victim's face, and the victim's spitation can be seen as spiting the victim's face.

(b).