The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below erred in the misapprehension of legal principles, even though the defendant's act constitutes a justifiable act that does not violate the social rules, and thus dismissed illegality, the court below erred in the misapprehension of legal principles, on the ground that the defendant's act constitutes a justifiable act that does not violate the social rules, and thus dismissed the illegality. The court below erred in the misapprehension of legal principles.

B. The sentence sentenced by the lower court which was unfair in sentencing (the amount of 300,000 won) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of legal principles, the term “act which does not contravene 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. Whether certain act constitutes a legitimate act that does not contravene the social norms and thus, should be determined individually by considering the specific circumstances and on an individual basis, 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 protected interests and infringed interests; (iv) balance between the protected interests and the infringement interests; and (v) supplementary nature that there is no other means or method other than the act (Supreme Court Decision 2003Do300 Decided September 26, 200). According to evidence duly adopted and investigated by the court below, the Defendant was at the bottom of the church to expand the part of the church, which was at the front of the church, and then was at the top of the church to the new part of the church.