A. In full view of the various circumstances such as the motive, purpose, means, and method of taking the instant cutting-off measure by misapprehending the legal principles, the Defendant’s cutting-off measure against the victim’s store is reasonable to the extent permitted by social norms, and constitutes a justifiable act under Article 20 of the Criminal Act. However, the lower court erred by misapprehending the legal doctrine, which thereby adversely affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (700,000 won of fine) is too unreasonable.

2. Determination

A. The "act that does not violate the social rules" under Article 20 of the Criminal Act as to the assertion of misapprehension of legal principles refers to the act that is permissible in light of the overall spirit of legal order or the social ethics or social norms, which is located behind it. Whether a certain act is justified as a legitimate act that does not violate the social rules, and thus, the illegality should be excluded, based on specific circumstances, and should be determined individually. Thus, in order to recognize such legitimate act, the following requirements should be met: (i) justification of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the protected interest and the infringed interest; (iv) urgency; and (v) supplementaryness that there is no other means or method other than the act

(2) According to the reasoning of the judgment below, the court below held that (a) in determining whether the instant short-term measure constitutes a justifiable act that does not violate the social norms, ① the management rules stipulate that the delinquent taxpayer may take the short-term measure, ② whether the short-term measure is legally implemented in accordance with the resolution of the management body of the building, including the board of directors, and ③ the measure may be taken on the part of the delinquent taxpayer for the short-term measure.