The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. There was no misconception of facts or misunderstanding of legal principles that the Defendant did with the breath of the victim, or assaulted the victim with her buck.

In the course of the dispute with the victim, in order to avoid the invasion by the victim, the victim's face was pushed down by hand, and only the victim's side was pushed down in order to avoid the head of the victim's hair.

In the end, the defendant did not have the intention of assault, and the face of the victim or the victim's side or back water is justified because it is a legitimate act that does not go against self-defense or social norms.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination:

A. To recognize a certain act of judgment of mistake or misapprehension of legal principles as self-defense, it must be reasonable to protect the present unfair infringement of one’s own or another’s legal interests.

Whether a defense act is socially reasonable or not shall be determined by taking into account all specific circumstances, such as the type, degree, method of infringement, and the type, degree, etc. of legal interests to be infringed by the act of infringement, as well as the kind and degree of infringement.

(see, e.g., Supreme Court Decision 2003Do3606, Nov. 13, 2003). Meanwhile, “act that does not violate the social rules” under Article 20 of the Criminal Act refers to an act that is acceptable in light of the overall legal order, or the social ethics or social norms surrounding it.

Whether a certain act is a legitimate act that does not violate the social norms, and the illegality is excluded, must be determined individually by considering the purpose and reasonable aspects under specific circumstances.

To recognize such legitimate acts, the legitimacy of the motive or purpose of the act, the reasonableness of the second means or method, the balance of the legal interests between the protected interests and the infringed interests, the fourth urgency, and the fifth one.