A. Legal principles (related to Paragraph 2 of the crime of the court below as stated in the judgment below) that the defendant misunderstanding of the legal principles set clothes of the victim D (hereinafter "victim") is not unlawful as a legitimate act or self-help that does not go against social norms in light of the motive, appearance, relationship between the defendant and the victim, etc.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. The act of self-help under the Criminal Act as to the assertion of misapprehension of the legal doctrine

The term "act that does not violate social norms" means an act that is reasonable to avoid the impossibility or significant difficulty of the exercise of a claim where it is impossible to preserve the claim by legal procedure (see Article 23(1) of the Criminal Act). It is recognized only when there is an urgent situation where it is not possible to take public relief due to the place or time relationship, even if it is based on public means on the next day. "act that does not violate social norms" under Article 20 of the Criminal Act refers to an act that is permissible in light of the overall spirit of legal order or social ethics or social norms surrounding it, and it shall be determined individually by examining the following specific circumstances: First, to recognize such legitimate act, the justification of the motive or purpose; second, the reasonableness of the means or method of the act; third, the benefit and benefit of infringement; fourth, the balance between the victim and the victim; fourth, the defendant's act that is not in violation of social norms; fourth, the defendant's act should not meet the following requirements, such as the adoption of the victim and its evidence.