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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. When misunderstanding the legal principles, the Defendant neglected the Defendant’s demand to change the enormous amount of sugar at the time of misunderstanding the legal doctrine, the instant assault was committed in a timely manner on the premise that the Defendant was neglected, and thus, the instant assault was committed. In light of the fact that the opportunity for the instant assault was strong enough to have induced the victim, the instant assault constitutes a justifiable act that does not violate social rules, and thus, its illegality is dismissed.
Nevertheless, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment.
B. The punishment sentenced by the lower court (the amount of KRW 300,000) is too unreasonable.
2. Determination
A. Article 20 of the Criminal Act provides that the act of Article 20 of the Criminal Act, which does not violate the social rules, does not constitute punishment, is stipulated as the basis for determining the most basic illegality of the concept of social norms.
Therefore, even if it appears that the act constitutes a requirement for constituting a crime under the language and text of the provision of the Act, the illegality cannot be punished only when it is extremely deemed to be within the scope of historical social order as one of the forms of normal living. In order to recognize such a justifiable act, the requirements such as legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance between the protected interest and the infringed interest and the legal interest, urgency, and other means or methods except the act should be satisfied (see Supreme Court Decision 2003Do300, Sept. 26, 2003, etc.). In light of the above legal principles, the instant case was required to be improved to the victim at the time when the victim was ordered to put an order for the Amerlacca and ice cream and one more, and then the victim demanded to do so on the sole ground that the victim did not have known.
The term "high sound" means a large sound.