The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

1. Summary of grounds for appeal;

A. Legal principles are to prevent a victim who attempts to enter the defendant's house against the defendant's will, thereby constituting a legitimate defense or legitimate act.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, “act which does not contravene social norms” under Article 20 of the Criminal Act refers to an act permissible in light of the overall legal order or the social ethics or social norms surrounding it. Whether certain act constitutes legitimate act that does not contravene social norms and thus, should be determined individually by considering the specific circumstances. Thus, in order to recognize such legitimate act, the following requirements should be met such as the motive or justification of the act; first, the legitimacy of the act; second, the means or method; third, the balance between the interests of protection and infringement; fourth, the balance between the interests of protection and infringement; fifth, the supplementary nature of the act that there is no other means or method (see, e.g., Supreme Court Decision 2008Do699, Oct. 23, 2008); and