A. The court below found the Defendants guilty of all the charges of this case against the Defendants, since the Defendants committed the act identical to each of the charges of this case in order to prevent infringement of property rights by the Defendants and village residents as the victim G of mistake of facts without any damage prevention measures against the Defendants and village residents. Thus, even if the Defendants’ act does not violate the social rules stipulated in Article 20 of the Criminal Act, and thus the illegality of the act was avoided, the court below erred by misapprehending the facts and affecting the conclusion of the judgment

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

2. Determination

A. We examine the argument of mistake of facts, and the "act which does not violate social rules" as stipulated in 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 a certain act is justified as a legitimate act that does not violate social norms, and thus, the illegality should be avoided, under specific circumstances, and should be determined individually. To recognize such legitimate act, the following requirements should be met: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance between the legal interests of the third protected interest and infringed interest; (iv) balance between the protected interest and the infringed interest; and (v) supplementary nature that there is no other means or method than the act.

(see, e.g., Supreme Court Decisions 86Do1764, Oct. 28, 1986; 2000Do4415, Feb. 23, 2001). In the instant case, the evidence duly adopted and examined by the Health Team, the lower court, and the trial court are comprehensively admitted, and the following circumstances, i.e., the victim G, with lawful permission from the Haan-gun at the time of the instant case.