The defendant's appeal is dismissed.

1. 항소 이유의 요지 피고인은 층 간 소음 문제를 항의하기 위하여 피해자를 찾아갔다가 오히려 피해 자로부터 욕설 등을 듣게 되자 화가 나서 피해자에게 침을 � 게 되었는바, 이러한 피고인의 행위는 사회 상규에 위배되지 아니하는 정당행위에 해당한다.

2. The "act that does not violate social norms" under Article 20 of the Criminal Act refers to the act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether certain act is justified as a legitimate act that does not violate social norms, should be determined individually by comprehensively considering the specific circumstances, with the following requirements: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance of the legal interests of the protected interests and interests infringed; (d) balance of the protected interests and interests infringed; and (e) supplementary nature that there is no other means or method other than the act (see, e.g., Supreme Court Decision 2003Do300, Sept. 26, 2003). In full view of the motive and specific method of the act of this case, how and how and how the act of this case lawfully adopted and investigated by the court below is justifiable, reasonable as to the motive or purpose of the act of this case; and (e) justification of the act of this case;

As such, the defendant's act does not violate social rules and does not constitute a justifiable act that is dismissed in accordance with Article 20 of the Criminal Act.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.