The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles, the victim G, a police officer who was dispatched after receiving a report of 112 at the time and place stated in the facts constituting a crime in the judgment below, it is merely a somewhat excessive expression in the process of requesting a more faithful performance of his duties, and it is difficult to conclude that the social evaluation of the victim’s personal value was damaged. As such, the degree of expression is minor, and thus, it does not constitute a justifiable act as stipulated in Article 20 of the Criminal Act, and thus, the court below convicted the Defendant of the facts charged in this case by misapprehending the legal principles as to a justifiable act.

B. The lower court’s sentence (two million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. Determination of the misapprehension of the legal principle as to the assertion of legal principles 1) The "act which does not violate the social rules" under Article 20 of the Criminal Act refers to the act which can be accepted 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 the social rules, and thus, it should be judged individually and reasonably under specific circumstances. Thus, in order to recognize such legitimate act, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the protected interest and the infringed interest; (iv) balance between the protected interest and the infringed interest; and (v) supplementary nature that there is no other means or method than the act (see, e.g., Supreme Court Decision 2003Do4151, Apr. 27, 2006).