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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (legal scenarios and unreasonable sentencing)
A. At the time of the instant case, the Defendant took a bath in the process of the police officer’s hearing only the end of the restaurant operator’s speech and complaining for the Defendant to arrest the Defendant, which constitutes a justifiable act.
(legal scenarios). (b)
Even if the defendant's act is found guilty, the sentencing of the court below (the fine of 1.5 million won) is too unreasonable.
(F) Determination; 2. Determination
A. Determination of the misapprehension of the legal principle as to the assertion of legal principles 1) The "act which does not violate the social rules" under Article 20 of the Criminal Act refers to the act which can be accepted in light of the overall legal order or the social ethics or social norms surrounding it. Whether certain act is justified as an act that does not violate the social rules, and thus, it should be judged individually by rationally and rationally considering the specific circumstances. Thus, in order to recognize such legitimate act, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the protected interest and infringed interest; (iv) urgency; and (v) supplementary nature that there is no other means or method than the act (see, e.g., Supreme Court Decision 2003Do4151, Apr. 27, 2006); (ii) consideration of the case at issue; and (iii) the victim was sent to the police officer at the bar on the following day after being duly adopted by the court below and the victim at bar on the day.