The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As stated in each of the facts charged in this case, the Defendant, as a misunderstanding of the legal principles, has taken 2 glue tree 2 glue-type tree 6 glue-type tree and glue-type 2 glue-type tree glue-type (hereinafter “instant tree”). However, the Defendant’s consent was obtained, and even without such consent, it constitutes “act that does not violate social rules” as stipulated in Article 20 of the Criminal Act and thus, it is dismissed.

Nevertheless, the court below convicted each of the charges of this case. The court below erred by misapprehending the legal principles as to the grounds for excluding illegality under the Criminal Act, thereby affecting the conclusion of the judgment.

B. The lower court’s sentence against the Defendant (one year of imprisonment with labor for three months and one year of suspended execution) is too unreasonable, taking into account the various circumstances against the Defendant, even if not, on the basis of an unreasonable sentencing decision.

2. Determination:

A. Determination of the misapprehension of the legal principle as to the assertion of illegality (1) Article 24 of the Criminal Act provides that “the consent of the victim” as one of the grounds for the exclusion of illegality. In this case, the consent of the victim includes not only the actual consent of the victim, but also the constructive consent. Here, the constructive consent refers to the case where it is anticipated that the consent would have been naturally given if the victim knew of the contents of the act, in light of all objective circumstances at the time of

(see, e.g., Supreme Court Decision 2005Do8081, Mar. 24, 2006). In addition, “act that does not violate the social rules” 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 rules, and the illegality of which is dismissed is examined individually under specific circumstances.