The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles as to the grounds for revoking illegality, since the Defendant’s access to the above residence was made to listen to sound that flows in the victim’s residence and thereby, it constitutes a justifiable act under Article 20 of the Criminal Act. In other purport, the court below found the Defendant guilty of the facts charged in this case, which erred by misapprehending the legal principles on the grounds for rejecting illegality.

B. The sentence sentenced by the lower court against the Defendant (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The "act which does not violate the social rules" under Article 20 of the Criminal Act as to the assertion of misunderstanding of legal principles refers to the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether certain act is a legitimate act that does not violate the social norms and thus, should be determined individually by considering and determining the illegality individually under specific circumstances. Thus, in order to recognize such legitimate act, the following requirements should be met such as the legitimacy of the motive or purpose of the act, the reasonableness of the means or method, the means or method of the act, the balance between the interests of protection and infringement, the balance between the interests of infringement, the fourth urgency, and the supplement of the legal interests other than the act (Supreme Court Decision 2003Do300 Decided September 26, 2003). In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court below, the defendant did not have any other means or method other than the act.

It is difficult to see that the defendant entered the victim's residence from the above idea.

Even if the defendant's act satisfies such requirements as legitimacy of the motive purpose, reasonableness of means, balance of legal interests, urgency, supplement, etc.

shall not be deemed to exist.

Therefore, the defendant.