The sentence of sentence against the defendant shall be suspended.

A. In light of the legal principles, the fact that the defendant was sealed the victim outside the entrance of the church of this case is true.

The defendant's act constitutes a constituent element of the crime of assault.

However, this is not unlawful by self-defense or legitimate act in order to prevent the victim from infringing the peace of residence and the freedom of religious activities of the members including the defendant, who is the occupant of the church of this case.

B. The sentence of the lower court (the fine of KRW 300,000) is too unreasonable, not on the one hand, even if there is an unreasonable sentencing decision.

2. Determination

A. In order to establish self-defense as stipulated in Article 21 of the Criminal Act, the act of defense should be socially reasonable, taking into account all specific circumstances, such as the type and degree of legal interests infringed by the act of infringement, method of infringement, and the type and degree of legal interests to be infringed by the act of defense.

In addition, it is necessary to separately consider and determine whether a certain act is unlawful as a legitimate act that does not contravene the social norms. Thus, to recognize such legitimate act, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the protected interests and the infringed interests; (iv) urgency; and (v) supplementaryness that there is no other means or method other than the act.

In this case, according to the evidence duly adopted and investigated by the court below, the defendant's conduct was replaced with the victim so that the victim may not enter the church of this case with the fence of this case, and the victim was able to enter the entrance, and the victim attached the part of the victim's arms to the outside of the church, and was pushed down to the outer road of the church, which led to the fact that the victim exceeded the floor.