The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The crime of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. of this case is dismissed as legitimate self-defense or legitimate act.

B. The sentence imposed by the court below on the defendant (one year of suspended execution and three million won of fine for four months) is too unreasonable.

2. Determination

A. In order to recognize a legitimate act as a legitimate act that does not violate the social norms, the determination of legal principles should be made on an individual basis, based on specific circumstances. Thus, the following must be met: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance between the protected interests and the infringed interests; (d) urgency; and (e) supplementary nature that does not have any means or method other than the act; and (b) in order to establish self-defense as prescribed in Article 21 of the Criminal Act, the defense act should be socially reasonable in light of all specific circumstances, such as the type, degree, method, and method of infringement; (c) type and degree of legal interests infringed by the act of infringement; and (d) type and degree of legal interests to be infringed by the act of defense (see Supreme Court Decision 2006Do9307, Mar. 29, 2007). According to the evidence duly adopted by the court below, it is difficult to deem the defendant's act as an inevitable means or method of defense, which does not violate social norms.

B. The Defendant’s judgment on the assertion of unfair sentencing.