The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is that the victim without any title infringed on the land of the defendant and installed a wall and a drainage system with no title, and then discharged sewage from the land of the victim.

Therefore, the judgment of the court below that the act of ordering the victim to enter the victim's residence after the defendant notified the victim in advance and prevent drainage does not violate the social rules, and thus, the crime of aiding and abetting the infringement of residence and damaging property is established, and there is an error of law that affected the conclusion of the judgment due to misunderstanding of facts or misunderstanding of

2. Determination

A. The "act which does not violate the social norms" under Article 20 of the Criminal Act 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, and as a legitimate act that does not violate the social norms, it must be judged individually by considering and reasonably the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the interests of protection and infringement, the fourth urgency, and the fifth supplementary nature that there is no other means or method than the act (see Supreme Court Decision 2004Do5148, Nov. 26, 2004).

Therefore, the defendant's assertion of legitimate act cannot be accepted.

(1) It seems that the defendant does not seem to have measured the boundary of land by the objective method, such as the measurement.

(2) Legal remedies shall be taken by the defendant for filing a provisional disposition against the victim or for filing a civil lawsuit.