The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding the facts and legal principles, the Defendant, misunderstanding the victim, and misunderstanding the victim’s mast, lock, etc. while delivering the credit card, did not provide the Defendant with proper mast, lock, etc., so the victim was flick to prevent infection - 19 infection. In addition, the Defendant’s act constitutes a legitimate defense or legitimate act, inasmuch as the victim was sexually injured by the victim on the same opportunity and was in need of approximately two weeks’ medical treatment.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misunderstanding of facts and legal principles.

B. The lower court’s sentence (700,000 won) against an unfair defendant in sentencing is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. Whether a certain act constitutes a legitimate act, which is a ground for excluding illegality, must be reasonably determined depending on specific cases. The legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the protection of legal interests and the infringement of legal interests, the fourth urgency, and the fifth supplementary requirement that there is no other means or method except the act (see Supreme Court Decision 98Do3029 delivered on January 26, 199, etc.). Meanwhile, in order to establish a legitimate defense, the defense act was socially reasonable considering all specific circumstances, such as the type, degree, method of infringement, the completion of the act of infringement, and the type and degree of legal interests to be infringed by the defense act.

A. According to the evidence of the judgment, the Defendant’s “in the course of interrogation of a police suspect” is not equipped with Masc and locks, and the Defendant’s identification card is delivered to the Defendant without being equipped with Masc and locks.