The sentence of sentence against the defendant shall be suspended.

A. In order to confirm whether the victim took photographs of the victim in front of his/her face in the subway, the defendant, who requested the victim to leave the front door in the subway, shows his/her attitude toward the victim. In order to confirm whether the victim took photographs of the victim in front of the defendant's face, the defendant taken the victim's hand in the cell phone and taken the victim's cell phone from the subway. Since then confirmed, there was a photograph that taken the defendant on the cell phone of the victim.

In light of these circumstances, in order to confirm the photographic fact, the defendant's act of taking the victim's cell phone from his cell phone and taking the victim's hand to the police box is an act that does not violate the social rules and is a justifiable act or an act of self-help.

B. The sentence of the court below’s unreasonable sentencing (the fine of 300,000 won) is too heavy.

2. Determination

A. Regarding the assertion of misapprehension of legal principles, “act which does not contravene the social rules” under Article 20 of the Criminal Act refers to an act that is acceptable in light of the overall spirit of legal order or social ethics or social norms, and therefore, it must meet the requirements such as the justification of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the protected interest and the infringed interest, the urgency, and the supplementary nature that there is no other means or method than the act. 2) Even if the victim taken the defendant against his mobile phone as the defendant alleged by the defendant, it is not merely to require the victim to confirm and erase the photograph, but to take the victim’s hand from the subway, and it is difficult to view that the act of the defendant constitutes a justifiable act, since it is difficult to view that there is a balance between the protected interest and the infringed interest, or the means or method of the act, urgency, and supplement.