A. Since the Defendant’s act of mistake was a passive defensive act that the victim first set up against the Defendant’s citizens, and was only sealed by the victim, the Defendant’s act constitutes self-defense or legitimate act, it does not constitute an unlawful act.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in misconception of facts.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is the defendant as the main part of the B apartment guardian.

On July 13, 2018: (a) around 13:00 to 14:00, at the office of the head of the management office of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, the head of the management office of Seo-gu, Seo-gu, Seo-gu, Seoul, the victim C (the age of 48), who is an auditor of the tenant's association and is examining the decision related to the defect lawsuit, etc., refers to the tenant C (the age of 48) who is referred to as "if the four is why the four is why the audit will be distorted," and the tenant who is willing to leave the office

B. The "act that 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, and whether certain act is a legitimate act that does not violate the social norms and thus, it should be judged individually by considering the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the interests of protection and infringement, the fourth urgency, and the fifth supplementary nature that there is no other means or method than the act (see, e.g., Supreme Court Decision 2003Do300, Sept. 26, 2003), and Article 21 of the Criminal Act to establish self-defense.