The defendant's appeal is dismissed.

Summary of Grounds for Appeal

There is no misunderstanding of facts or misunderstanding of legal principles that the defendant provided the victim with the same bath as the facts constituting the crime in the original judgment.

Even if the victim took a bath, it is merely a resistance to the use of force while the victim took a part in his speech, and thus, there is no intention of insult, or there is no illegality as it constitutes legitimate self-defense or legitimate act.

The arrest of the victim as a flagrant offender on the grounds of the offense of insult is unfair in light of the principle of excessive prohibition of execution of official duties.

The sentence of the lower court on unreasonable sentencing (one million won of fine) is too unreasonable.

Judgment

A victim E makes a statement in accordance with this part of the facts charged from an investigative agency to a court of the original trial that did not wish to make a judgment on the assertion of mistake or misapprehension of legal principles. The victim E makes a statement that corresponds to this part of the facts charged, and the situation before and after the crime or the behavior of the defendant at the time of the crime are considerably detailed and its credibility is recognized. Since the witness C makes a statement that corresponds to the facts charged from an investigative agency to the court of the original trial, it is sufficiently recognized the fact that the defendant made a bath to the victim as stated

According to the evidence duly adopted and examined by the court below as to the assertion that the victim was legitimate self-defense or legitimate act, the victim only used the defendant under the influence of alcohol upon receiving a report to leave the marina room, and can be recognized facts that did not go against the defendant or exercise the tangible power. Therefore, the defendant's above assertion on this premise is without merit.

The judgment on the assertion that the arrest of the criminal in the act of committing an offense is illegal, even if the victim's arrest of the criminal in the act of insult is illegal, it is merely an circumstance after the offense of insult has been completed.