The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of legal principles 1) The place of this case did not have any person around the place where only the person was present and there was only the Defendant C, and thus there was no performance of insult.

2) The Defendant, who was assaulted by C, brought a instantaneous desire to do so, constitutes a justifiable act by an urgent action to cope with C’s assault, and thus, is not unlawful.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination

A. As a constituent element of the offense of insult of the determination of performance, performance refers to the state in which many and unspecified persons can be recognized or may be disseminated to many and unspecified persons, and a third party is not necessarily required to be recognized.

According to evidence, the location of this case is the road edges adjacent to the pre-delivery of the department store, and the number of people in the past have been assigned at the time, and the parking personnel, who had been in the neighborhood, reported the dispute between the defendant and C, and the desire of the defendant.

Since the defendant's speech was recognizable to a third party, the public performance of the offense of insult is recognized, and this part of the defendant's assertion is without merit.

B. According to the evidence of determination as to the assertion of justifiable acts, even though it is recognized that there has been a conflict between the Defendant and C while setting a taxi on the taxi platform, and during that process, C used the Defendant to assault and injure the Defendant, and the Defendant took a bath to C as in the instant case, such an act by the Defendant does not constitute an act that does not contravene social norms with reasonableness of means or methods, balance of legal interests, urgency, and supplement.

We cannot accept the defendant's assertion that there is no illegality as a legitimate act.

(c)

Considering the content of the instant crime, the criminal punishment cases of similar cases, etc., the defendant's extradition victim will have a serious desire for the determination of the unfair argument of sentencing.