The victim, who is entitled to enter the 3rd floor of the Gosiwon, was tightly sealed to prevent the defendant from entering the 3rd floor.

The defendant's act is merely a passive violation of the victim's body to resist the resistance. Thus, the illegality of the defendant's act constitutes self-defense or legitimate act is dismissed.

The punishment (a fine of 300,000 won) sentenced by the court below is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the court below regarding the assertion of legitimate act or self-defense, the defendant is found to have committed an assault, such as: (a) the victim was unable to enter his room on the second floor by changing the password of the second floor entrance of the Gosiwon; (b) the defendant demanded that the victim, who became aware of the fact that the defendant entered the third floor of the Gosiwon, open the third floor entrance and leave the door; and (c) the defendant refused to leave the door, thereby threateninging the victim's body by hand; (d) the defendant was pushed the victim's body so that the victim could not enter the third floor of the Gosiwon; (b) according to the video taken by the victim, the victim seems to have demanded the victim to leave the door orally on the third floor of the Gosiwon; and (c) there is no circumstance to view that the victim first fell under the victim's self-defense with the defendant's intent to commit an attack. Considering the above circumstances and degree of the assault in this case, the victim's active act appears to constitute a legitimate act or self-defense.

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

In comparison with the judgment of the court of first instance on the assertion of unfair sentencing, there is no change in the conditions of sentencing, and the sentencing of the court of first instance goes beyond the reasonable scope of discretion.