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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles are consistent with the separation of the connection line of CCTV camera, but the defendant's act does not constitute damage because the use of CCTV does not decrease temporarily even if there is no intention to damage, and the defendant's act constitutes legitimate act and self-defense to exclude the possession of the victim who is an illegal occupant.
B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. The Defendant alleged as the grounds for appeal in the judgment of the court below, and the court below specifically stated in the "decision on the Defendant and his defense counsel's assertion" in the judgment of the court below. If the court below reviewed the evidence legitimately adopted and examined in light of the records of this case, the judgment of the court below is just and acceptable, and there is no error of misconception of facts alleged by the Defendant.
B. In light of the legal principles, the Defendant alleged that CCTV was removed to exclude the illegal possession of the victim, and thus, the Defendant’s act constitutes legitimate act or self-defense.
(1) The "act which does not violate social rules" under Article 20 of the Criminal Code 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 legitimate that does not violate social rules, and thus, the illegality should be excluded, based on specific circumstances, and should be determined individually. Thus, in order to recognize such legitimate act, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the third protected benefit and infringed benefit, the fourth urgency, and the fifth other means or means other than the act.