A. The victim of the misapprehension of the legal principles, without using the storage warehouse of this case, installed a gate to prevent the defendant from entering the part of the defendant's side, and he he stored the earth in front of the entrance. The defendant inevitably opened part of the gate for entry into the storage warehouse of this case, and the entrance was damaged in the process of putting the earth gate up. Thus, this part of the defendant's act does not violate the social rules.

In addition, the Defendant stated that the Defendant would use the trade name “EFFF” used by the Defendant, and instead, said trade name is concessioned and stated as “FFFFFFFFF”. Therefore, this part of the act does not violate social rules.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is unreasonable.

2. Determination

A. As to the assertion of misapprehension of legal principles, "act which does not violate the social rules" under Article 20 of the Criminal Act 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 justified as a legitimate act that does not violate the social rules, and thus, the illegality should be avoided, based on specific circumstances, and should be determined individually. Thus, in order to recognize such legitimate act, the following requirements should be met: (a) legitimacy of the motive or purpose of the act; (b) legitimacy of the means or method of the act; (c) reasonableness of the means or method of the act; (d) balance between the protected interests and the infringed interests; (iv) urgency; and (v) supplementaryness

(See Supreme Court Decision 2003Do3000 Decided September 26, 2003, etc.). The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e., the Defendant, around March 29, 201, was divorced by agreement with the victim on April 18, 201, and the instant case between the victim and the victim.