Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

A. The Defendant, as a mortgagee for corporeal movables inside B operated by the victim, may assert the ownership of the said corporeal movables against the victim.

Therefore, in order to prevent the defendant from taking the above corporeal movables out, the act of parking a vehicle at the entrance of the Maart constitutes a justifiable act and thus the illegality is dismissed.

Nevertheless, the lower court erred by misapprehending the legal doctrine and thereby adversely affecting the conclusion of the judgment, on the grounds that it was guilty of the facts charged.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. "Act which does not violate social rules" as stipulated in Article 20 of the Criminal Act concerning the assertion of mistake of facts and misapprehension of legal principles 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. Whether certain act is a legitimate act that does not violate social rules and thus, the illegality of the act should be avoided, based on specific circumstances and circumstances, should be determined individually. Thus, to be recognized as a legitimate act, the following requirements should be met: (i) the motive or justification of the act; (ii) the means or method of the act; (iii) the reasonableness of the means or method of the act; (iv) the balance between the legal interest protected and the legal interest protected; (v) the balance between the legal interest protected

(See Supreme Court Decisions 2003Do300 Decided September 26, 2003; 2006Do4328 Decided May 11, 2007; 2017Do1526 Decided December 27, 2018, etc.). Examining the above legal principles in light of the above legal principles, the following facts and circumstances recognized by the lower court and the first instance court’s duly adopted and investigated by the court are comprehensively examined. In full view of the following facts and circumstances, the Defendant, as the facts charged in the instant case, is the victim.