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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal by the defendant;
A. Although the court below asserted that each act of the defendant as stated in the facts constituting an offense was dismissed as a legitimate act or self-defense, the court below did not render any judgment as to such assertion, and thus, the court below erred in the misapprehension of legal principle.
B. In light of the legal principles as to assault committed on November 23, 2012, the Defendant’s act constitutes self-defense and thus, the illegality of the Defendant’s act is dismissed.
C. misunderstanding of facts and misunderstanding of legal principles as to the entry into a residence are merely the defendant's body part of the defendant's body was entered the entrance in the process of breathing with the victim's bath by hearing the victim's desire, and thus, the defendant's act without the intention of entering a residence or is justified as a justifiable act that does not go against social rules.
With regard to the facts constituting a crime in the decision of the court below, 1) misunderstanding of facts and 1) misunderstanding of legal principles as to the non-compliance with the eviction, the defendant merely prevented the victim from temporarily closing the entrance door before the end of his or her speech while attempting to close the entrance door in the process of protesting the victim, and in relation to the facts constituting a crime in the decision of the court below, the defendant has reported that the victim's mother and the elevator together with the victim's mother and the elevator will reduce the noise noise and that the mother would have entered the victim's residence while demanding a apology against the desire of the victim C, which is a fraud. 2) In relation to the crime of non-compliance with the eviction, the defendant did not enter the victim's residence, and even if the defendant did not enter the victim's body, the elements for the crime of non-compliance with the eviction.