The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s act constitutes self-defense or an emergency evacuation, inasmuch as he heard the victim’s desire from the victim to take the victim’s mother-child and prevented an insulting speech by the victim, and thus, the Defendant’s act constitutes self-defense or emergency evacuation.

B. In light of all the sentencing conditions of the instant case of unfair sentencing, the lower court’s punishment (basic fine of three million won) is too unreasonable.

2. Determination

A. In order to establish self-defense under Article 21 of the Criminal Act regarding self-defense and the assertion of necessity, the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, and the type and degree of legal interests to be infringed by the act of defense (see, e.g., Supreme Court Decision 92Do2540, Dec. 22, 1992). Emergency evacuation under Article 22(1) of the Criminal Act refers to an act of considerable reason to avoid current danger to one’s own or another’s legal interests. Here, “an act of considerable reason” in this context, the act of escape must be the only means to protect the legal interests in danger. Second, the act of escape must be the only way to protect the legal interests in danger. Third, the profit to be protected by the act of escape must be more likely to cause the largest damage to the victim, and fourth, the act of escape must meet the requirements of the entire law and order that the act of escape itself requires social ethics or the entire means.

In light of the above legal principles, the following circumstances revealed by evidence duly adopted and investigated by the health team, the lower court, and the trial court, namely, the motive and background leading up to the instant crime, the method and attitude of the Defendant, the circumstances before and after the instant crime, and the degree of damage, etc., the Defendant’s act constitutes self-defense or an emergency evacuation.