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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant, misunderstanding of the legal principles, went to the hospital (hereinafter “instant hospital”) as indicated in the lower judgment on July 17, 2017 for the purpose of informing the public interest, and was assaulted by the hospital employees in the corridor, and did not enter the hospital room.
Since the Defendant entered the instant hospital for the purpose of informing the public interest, the Defendant’s act constitutes a justifiable act (the grounds for appeal alleged by the Defendant are examined as above). B. The punishment (one million won in penalty) sentenced by the lower court is too unreasonable.
2. Determination
A. Comprehensively taking account of the following facts and circumstances acknowledged by the lower court based on the evidence duly admitted and examined as to the assertion of mistake of facts, the Defendant may acknowledge the fact that the Defendant invadedd into the fourth floor nurse of the instant hospital where the access of the general public was not allowed as stated in the lower judgment.
1) On July 17, 2017, the Defendant sought to enter a nurse room and use a computer in a four-story ward of the instant hospital in order to verify a witness’s contact information about the matters he/she should inform the press agencies.
2) The Defendant’s intrusion place is difficult to view that the entrance of a person other than the patient, his guardian, or the person related to the hospital is permitted inside the hospital of the instant case.
3) Even if the Defendant was between the instant hospital and the instant hospital for the purpose of informing the public interest, the Defendant went to the nurse room inside the instant hospital against the explicit or presumed intention of the manager of the instant hospital.
B. 1) As to the assertion of misunderstanding of legal principles, what act is justified, must be reasonably and rationally determined, as the case may be, in detail, whether the act is unlawful as a legitimate act. In order to recognize a legitimate act, first, the motive or purpose of the act is reasonable, and the reasonableness of the means or method of the act;