경범죄처벌법위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) Defendant 1 expressed the desire of C, and was sealed C’s chest to keep a distance from C, near the Defendant’s face, so the Defendant’s act constitutes legitimate defense.
2. To recognize a certain act as a legitimate defense, it must be reasonable to protect the current infringement of his/her or other person’s legal interests. Whether such a defense act is socially reasonable should be determined by taking into account all specific circumstances, such as the type and degree of legal interests infringed by the act of infringement, the method of infringement, the completion of the act of infringement, the type and degree of legal interests infringed by the act of defense, etc. (see, e.g., Supreme Court Decision 2013Do2168, Mar. 15, 2017). According to the evidence duly adopted and examined by the court below, the police officer was a police officer between the defendant and C at the time of the instant crime, and all the police officers told the defendant to prevent any further attack between the defendant and C, and C did not exercise the direct force of defense against the defendant except that near the defendant’s speech, and thus, it cannot be deemed that the defendant was a legitimate act of assaulting and defending the chest.
Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no illegality that affected the judgment by mistake of facts.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.