A. In light of the legal principles, the Defendant’s act should be dismissed as a legitimate act to prevent fire, since not only leased the instant building under the circumstance that the victim D did not receive proper delivery from the Defendant, a building constructor, but also was in a dangerous condition due to the failure to undergo an electrical safety inspection, and thus, the Defendant’s act should be avoided as a justifiable act to prevent fire.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of legal principles, “act which does not contravene social norms” under Article 20 of the Criminal Act refers to an act which is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding the act. Thus, if a certain act satisfies the requirements such as legitimacy of motive or purpose, reasonableness of means or method of the act, legal interests protected, balance between the infringement legal interests and the infringement legal interests, urgency, and supplementary nature that there is no other means or method other than the act, it constitutes a justifiable act.

(1) In light of the above legal principles, the Defendant’s act is difficult to be deemed as a legitimate act acceptable in light of social ethics or social norms, and thus, the Defendant’s allegation in this part is without merit. In light of the evidence duly adopted and examined by the lower court, the Defendant is removed from the part installed in the instant building without justifiable grounds upon the Defendant’s failure to receive the construction cost from the victim D, and the Defendant’s failure to undergo lawful procedures. In light of the above legal principles, the Defendant’s allegation in this part is without merit.

B. We examine the argument of unfair sentencing, and even though the defendant is found to have no record of criminal punishment, the defendant did not reach an agreement without changing the damage to the victim.