The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant, as the Director of the Management Office of C, has the authority to manage and operate a commercial building, the victim excluded the Defendant without any authority and attempted to occupy the commercial building in this case. The Defendant’s remarks made to the victim as stated in the facts charged in this case with the aim of defending the above unfair infringement of the victim, and thus, the illegality should be avoided pursuant to Article 20 of the Criminal Act. However, the judgment of the court below convicting the Defendant of the facts charged in this case, which affected the conclusion of the judgment

B. The sentence of a fine of KRW 500,000 imposed by the lower court is too unreasonable.

2. Determination

A. Determination of legal principles as to the assertion of legal principles 1) The "act which does not violate social rules" under Article 20 of the Criminal Act refers to the act which can be accepted in light of the overall legal order or the social ethics or social norms surrounding it. Whether certain act is a legitimate act that does not violate social rules and thus, the illegality should be avoided individually and reasonably under specific circumstances. Thus, in order to recognize such a legitimate act, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the interests of protection and infringement; (iv) urgency; and (v) supplementaryness that there is no other means or method than the act (see Supreme Court Decision 2008Do699, Oct. 23, 2008). According to the evidence duly adopted and investigated by the court below, it is recognized that the defendant was dismissed by the International Association, a representative of C, while working for the defendant as the manager of the complaint; and (iii) the defendant continued to dispute the dispute between the victim and the commercial building.