The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the misapprehension of legal principles (emergency evacuation) harms people or neighboring residents' facilities, the Defendant died of a dog.

Although this constitutes an emergency evacuation, the lower court found the Defendant guilty of the facts charged by misapprehending the legal doctrine.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. Regarding the assertion of emergency evacuation, Article 22(1) of the Criminal Code refers to "an act with considerable reason to avoid present danger to one's own or another's legal interests." In order to constitute "an act with considerable reason", first, the act of escape shall be the only means to protect the legal interests faced with danger, second, the method to inflict the minor damage on the victim. Third, the profit preserved by the act of escape shall be superior to the profit infringed by it. Fourth, the act of escape must be the appropriate means in light of social ethics or overall spirit of legal order.

In full view of the following circumstances admitted by the evidence duly admitted and examined by the lower court, it is difficult to view that the Defendant’s murdering act in this case constitutes an act of considerable reason to avoid the present danger.

The defendant's emergency evacuation assertion is difficult to accept.

1) Although there was a resident’s report, etc. due to the opening prior to the instant crime, at the time of committing the instant crime, the dog was affected by the network of the wire store operated by G, and the G was contacted with the Defendant, thereby making the Defendant open to the Defendant (Evidence Records 16, 31 pages, and the circumstance that the dog was directly attacked by the Defendant or another person is not visible at the time of committing the instant crime.

In addition, since G has passed away from her net, damage caused by opening will continue in the future.