A. The Defendant, by misapprehending the legal doctrine, found the victim’s home to recover the claim against the husband of the victim.

At the time, the defendant passed through the public entrance of apartment houses opened by the defendant and divided the dialogue between the victim and the victim in the stairs and corridor, not the exclusive part of the victim, and the victim unilaterally becomes the police while dealing with the defendant in drinking women.

In light of these circumstances, the defendant's act constitutes a legitimate act to the extent permitted in light of social norms.

B. Sentencing 1 Sentencing 200,000,000,000 won, which is too unreasonable.

2. Determination:

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the first instance court as to the assertion of misapprehension of the legal doctrine, the instant act by the Defendant satisfies the requirements such as reasonableness, urgency, and supplement of the means and method required in the legitimate act.

It is difficult to see it.

This part of the defendant's assertion is without merit.

First, although the apartment of this case can not enter the apartment of this case other than the case where the occupants permit it, the defendant, without permission of the victim, etc., without permission of the victim, entered the apartment of this case without permission when the person in the name is inside of the apartment and the screen is opened, and reached the front of the entrance of the apartment of this case.

Second, the time of the defendant's finding of the victim is about 21:00 at night, and the defendant has neglected without any prior notice to the victim.

On the other hand, the victim was a situation where he was a minor child without her husband at the time.

Third, the defendant, upon receiving a report from the injured party, remains in about 20 minutes in the corridor, etc. despite the victim's intention to refuse to answer the situation until the police officer is dispatched, and she has affixed a sign on several occasions or opened a sound door and opened a door to the victim.