A. The Defendant did not say that it was a mistake of mistake or misunderstanding of legal principles that it was a fraudulent act to the victim, and even if so, the Defendant

Even if this constitutes an act that does not go against the social norms, the court below's judgment that found the defendant guilty of the facts charged in this case is erroneous in misunderstanding of facts or misunderstanding of legal principles.

B. The sentence of a fine of KRW 300,000 imposed by the lower court on the Defendant is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts or misapprehension of legal principles, the lower court may fully recognize the fact of insulting the victim C by sounding that “When there are many people, the victim was fluorous, assault, injured, and the fluor who brought the lawsuit is not a fraudulent act” as stated in the judgment below.

In addition, with regard to whether a defendant's act constitutes an act that does not go against the social norms and thus can be seen as being dismissed, the term "act that does not go against the social rules" under Article 20 of the Criminal Act refers to an act that can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and the legitimacy of the motive or purpose of the act, as well as the legitimacy of the means or method thereof, the reasonableness of the legal interest protected and the legal interest protected, the balance between the infringement interest and the legal interest, urgency, supplement, etc. In order to recognize such a legitimate act, there are circumstances that can be considered in the course of committing the crime in question, such as where the defendant was punished for committing the crime of assaulting and injuring the victim before, and is dissatisfied with the dispute arising in civil cases,

Even if it is necessary to solve it through a normal legal procedure, it is only necessary to solve it.