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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In the process, the Defendant had flicked a flick card cited by the victim, and had the flicked card deciled by the victim, and there was no flicking of the victim’s hand.
B. In light of the legal principles, the Defendant’s act constitutes a legitimate act that does not violate self-defense or social norms, since the Defendant committed the instant crime in the course of suppressing the victim’s unlawful defamation.
C. The sentence (one million won of fine) imposed by the court below on the grounds of unreasonable sentencing is too unreasonable.
2. Determination
A. The Defendant made the same assertion as the grounds for appeal of this case in the lower court, and the lower court rejected the above assertion in its reasoning. Examining the judgment of the lower court in comparison with the records, the lower court’s judgment is justifiable, and it did not err by misapprehending the facts as alleged by the Defendant, thereby adversely affecting the conclusion of the judgment.
Defendant’s assertion of mistake is not accepted.
B. Determination on the assertion of legal principles 1) Whether a certain act constitutes legitimate act or self-defense as a ground for the exclusion of illegality should be based on specific cases. Whether it is legitimate or not should be determined reasonably, depending on the specific case. Thus, the legitimacy of the act is not possible to go beyond the national order. Thus, to be recognized as a legitimate act, the following must meet all the requirements of legitimacy of the motive or purpose of the act, the reasonableness of the means or method, the protection of legal interests and the legal interests of infringement, the formation of right to legal interests, the fourth urgency, and the fifth supplementary nature that there is no other means or method than the act. To be recognized as self-defense, it must be reasonable as it is for the purpose of defending the current unfair infringement of the legal interests of the person or others (see Supreme Court Decision 92Do1520, Sept. 25, 1992).