A. In order to file a civil petition, the Defendant had visited the E-management office to go beyond the victim’s right away, and did not cause any disturbance, such as passing sound or taking a bath in that place.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The Defendant, by misapprehending the legal doctrine, visited the management office to file a legitimate civil petition, and the degree of force was insignificant due to the age of 77 years old.

Therefore, the defendant's act is not illegal as a legitimate act that does not violate the social rules.

Nevertheless, the lower court found the Defendant guilty of the facts charged of the instant case. In so determining, the lower court erred by misapprehending the legal doctrine on justifiable act, which is the grounds for denying illegality.

C. The judgment of the court below on unreasonable sentencing is too unreasonable to impose a fine of one million won on the defendant.

2. Determination on the grounds for appeal

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the lower court can sufficiently recognize the fact that the Defendant, the owner of E commercial building 112, resisted against the failure of the victim, who is the head of the management office, to supply electricity, and obstructed the operation of the management office by making the disturbance, such as blocking the victim’s sound while taking a bath and destroying the chest while taking a bath, and destroying the gale of the gale.

B. In light of the determination of the misapprehension of the legal principle’s assertion, “act which does not violate the social rules” as stipulated in Article 20 of the Criminal Act refers to an act which can be accepted in light of the overall spirit of the legal order, or the social ethics or social norms surrounding it, and whether a certain act is dismissed as a legitimate act that does not violate the social rules, under specific circumstances, is aimed at denying illegality.