The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. Since the defendant's act of mistake of facts and misapprehension of legal principles are when the victim takes spits or spits the victim's face in order to oppose the victim's face twice, the defendant's act constitutes self-defense under the Criminal Act.

Nevertheless, the lower court found the Defendant guilty of the instant facts charged. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. The judgment of the court below also asserted the same purport as the argument in the above grounds for appeal, and the court below rejected the defendant's argument and found the defendant guilty of the facts charged on the grounds that the assault of this case constitutes legitimate, reasonable, and urgent self-defense.

B. To recognize a certain act as self-defense, the act must be reasonable to protect the current infringement of one’s own or another’s legal interests.

However, in full view of the following facts and circumstances recognized by the court below based on the evidence duly adopted and examined, namely, ① the victim's act of spitation against the defendant, stating that the defendant's act of spitation is "spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit