A. The victims of misunderstanding of facts or misunderstanding of legal principles cannot be seen as an injury, and the victims have left underground room for the purpose of video photographing for the obstruction of apartment management business, and the defendants should be excluded from the illegality of self-defense or legitimate act on the grounds that there are reasonable grounds to believe that their actions are justifiable.

Nevertheless, the judgment of the court below which found the Defendants guilty of the facts charged in this case is erroneous in the misapprehension of legal principles.

B. The sentence imposed by the lower court on the Defendants (a fine of KRW 500,000) is too unreasonable.

2. Determination

A. The Defendants asserted the same purport as the grounds for appeal in the lower court, and the lower court rejected the above assertion and convicted the Defendant of the facts charged in this case, while explaining detailed circumstances as indicated in its reasoning.

In light of the records and records of this case, the judgment of the court below is just and acceptable, and in light of the parts and degree of injury suffered by the victims, it constitutes injury as referred to in the crime of injury.

Therefore, the defendants' above mistake of facts or misapprehension of legal principles cannot be accepted.

B. We examine the judgment on the assertion of unfair sentencing, and there is no change of circumstances to consider the sentencing after the judgment of the court below, and considering the various sentencing conditions in the records and arguments of this case, even if considering the circumstances alleged by the Defendants as the grounds for appeal, the court below’s respective punishment against the Defendants is too unreasonable.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.