The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendants committed an act as stated in the facts charged in the instant case in order to prevent the occurrence of a resolution that would violate the interests of the occupants of the apartment C (hereinafter “the instant apartment”). Thus, the Defendants’ act constitutes an urgent escape or legitimate act.

Nevertheless, the lower court found Defendant guilty of the facts charged of this case. In so doing, it erred by misapprehending the legal doctrine, thereby affecting the conclusion of judgment.

B. The punishment of the lower court (the fine of KRW 700,000 for each of the Defendants) is too unreasonable.

2. Judgment on the misapprehension of legal principles

A. The term “act that does not violate the social norms” under Article 20 of the Criminal Act refers to the act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether certain act is justified as a legitimate act that does not violate the social norms and thus, should be determined individually by considering and reasonably the specific circumstances. Thus, in order to recognize such legitimate act, the following requirements should be met: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance between the interests of protection and infringement; (iv) balance between the interests of protection and infringement; and (v) supplementary nature that there is no other means or method other than the act.

In addition, the emergency escape under Article 22 (1) of the Criminal Code refers to an act that has considerable reason to avoid the present danger to his or another person's legal interests, and in order to constitute "act with considerable reason", first, the escape act must be the only means to protect the legal interests in danger, second, the method of causing the minor damage to the victim should be the method of protecting the legal interests in danger, third, the escape act.