The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (fact-finding) is that the Defendant merely pushed the victim with the floor of hand and did not have any tightly pushed the victim. The above act of the Defendant was a defensive act to prevent the victim from snicking and approaching the victim under the circumstances where the victim faces face and face. Thus, it constitutes legitimate act or self-defense.

2. Determination on the grounds for appeal

A. On August 25, 2017, the Defendant assaulted the victim C (50 years of age) who is the head of the management office within the Guro-gu Seoul Metropolitan Government B apartment complex management office on August 25, 2017, and was in a verbal dispute with the head of the management office, and assaulted the victim, such as making the victim's entry part one time as a drinking.

B. Whether a certain act constitutes a legitimate act or self-defense as a ground for exclusion of illegality should be determined reasonably and reasonably as a specific case.

To be recognized as a legitimate act, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the protected legal interests and the infringed legal interests, the fourth urgency, and the fifth supplementary requirement that there is no other means or method than the act.

In addition, in order to establish self-defense, the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, the level of completion of the infringement, and the type and degree of the legal interest to be infringed by the defense act.

(see, e.g., Supreme Court Decision 2017Do15226, Dec. 27, 2018). In light of the foregoing legal doctrine, the health stand in the instant case; and the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court; i.e., the victim stated at an investigative agency that “the Defendant got back his/her hand to find and her bath at the management office, but the Defendant was faced with the face.”