The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s act of asserting the misapprehension of the legal doctrine constitutes a justifiable act as stipulated in Article 20 of the Criminal Act, which is reasonable to the extent permissible by social norms.

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

2. Determination

A. On September 9, 2013, at around 09:40 on September 9, 2013, the summary of the facts charged in the instant case: (1) the Defendant: (a) attached the victim’s boomer belt to the victim’s chest to be pushed away from the site, on the ground that the victim’s b and the CCTV installed the victim’s b and the apartment apartment in Busan Shipping Daegu apartment management office; and (b) assaulted the victim on the boomer’s fluor.

(2) The lower court determined that the Defendant’s act did not constitute an act necessary for securing evidence or an act necessary for preventing the Defendant from committing a crime, even though the victim took a bath against the Defendant and went out of his job, and it is difficult to view that the Defendant’s act did not violate the social rules.

(3) The "act that does not violate the social rules" under Article 20 of the Criminal Code of the Judgment of the Party refers to the act that can be accepted in light of the overall spirit of legal order or the social ethics or social norms in its hinterland. Whether a certain act is justified as a legitimate act that does not violate the social rules and the illegality of the act should be determined individually and reasonably under specific circumstances. Thus, in order to recognize such legitimate act, the following requirements are required: (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.