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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The victim did not have a large number of people in the vicinity at the time of misunderstanding of facts.
(b) An act of a political party or an act of a political party defense of a defendant is for the purpose of resisting the victim's unfair traffic instructions, and constitutes an act of a political party or the defense
(c)
The punishment of the court below (the amount of 500,000 won) which is unfair in sentencing is too unreasonable.
2. Determination
A. According to the evidence as to the assertion of mistake of facts, it is recognized that there were not only victims but also tourists who were giving traffic instructions with the victims at the site of the time, and there were tourists who want to give a transport instruction, and therefore, the above assertion by the Defendant is without merit.
B. In light of the situation in which the Defendant expressed the victim’s desire, the content and method of the abusive language, etc., the Defendant’s act satisfies the requirements of a justifiable act, such as the balance of urgency and stability.
As can not be seen, the defendant's act cannot be seen as an act for the purpose of defending the defendant's act, the defendant's above assertion is without merit.
(c)
Considering the fact that there is no change in the conditions of sentencing compared to the original judgment, the lower court’s sentence is too unreasonable, in light of the fact that it is unreasonable and unreasonable for the victim to have committed the act of the victim, that it is not against the fault of the victim, that it is not agreed with the victim, and that there is no change in the conditions of sentencing in comparison with the original judgment.
Therefore, the defendant's improper assertion of sentencing cannot be accepted.
3. 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.