The defendant's appeal is dismissed.

In order to prevent damage to human life and property by covering the defendant's house with 8 weeks of trees (hereinafter "the trees of this case") as stated in the facts charged, if the defendant has winded, the defendant has affixed the trees of this case by hand. Thus, the defendant's act is a justifiable act that does not violate the social rules and thus, the illegality should be avoided.

Nevertheless, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous in the misapprehension of legal principles as to legitimate acts.

The punishment sentenced by the court below (700,000 won) is too unreasonable.

Judgment

As to the assertion of misapprehension of legal principles, what act does not violate social norms and the illegality is excluded should be determined on an individual basis by taking into account the concrete circumstances and on an individual basis, it must meet the following requirements: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the legal interests of the protected interests and the interests infringed; (iv) urgency; and (v) supplementary nature that there is no other means or method other than the act (see Supreme Court Decisions 2003Do300, Sept. 26, 2003; 2006Do9307, Mar. 29, 2007). In other words, the defendant can be sufficiently achieved by the evidence duly adopted and investigated by the court below; (iii) the purpose of preventing damage to the trees of this case by the defendant; and (iv) the defendant, without taking preventive measures against the loss of the trees of this case, can be sufficiently achieved by setting up the support stand for the tree of this case.