A. The fact that the defendant, as stated in the facts of the crime in the judgment below, installed the fences or the entrance was installed on the pents, and there was no obstacle to performing construction work.

B. The defendant's act constitutes a legitimate act under Article 20 of the Criminal Act.

2. Determination

A. 1) Determination of the assertion of mistake of facts is based on the following circumstances acknowledged by the court below and the evidence duly adopted and investigated by the court below, namely, the victim, who is the victim, I (hereinafter “I”)

(2) In light of the fact that the Defendant was in charge of the instant construction, and the Defendant’s response was that “the construction was suspended after installing the gate, and that “the construction was forced to be suspended due to the impossibility of the construction where the construction was carried out by using the above entrance and exit” (see, e.g., inquiry about I by the court of the first instance). In light of the fact that the Defendant installed the gate, it is reasonable to deem that the victim was unable to carry out the construction due to the Defendant’s installation of the gate. 2) Accordingly, the Defendant’s aforementioned

B. Determination of the misapprehension of legal principle as to the assertion of legal principles refers to an act that is permissible in light of the overall spirit of legal order or the social ethics or social norms, which is surrounding the act. Thus, if a certain act satisfies the requirements such as the motive of the act, legitimacy of the act, the means or method of the act, reasonableness of the means or method, balance between the protected interest and the infringed interest, urgency, and supplementary nature that there is no other means or method than the act, it constitutes a justifiable act (see, e.g., Supreme Court Decisions 86Do1764, Oct. 28, 1986; 2004Do8530, Feb. 25, 2005). According to evidence duly adopted and examined by the court below and the trial court, the defendant's "the victim" stores goods on the road.