업무방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. The defendant's act in the summary of the reasons for appeal is excluded from illegality as an act that does not contravene social norms.
Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant guilty.
2. Determination
A. The "act which does not violate 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, and which act does not violate social norms, and the illegality of which act should be avoided as a legitimate act that does not go against social norms, must be determined individually by considering the specific circumstances. Thus, in order to recognize such a legitimate act, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method; (iii) balance between the interests of protection and infringement; (iv) balance between the interests of protection and infringement; and (v) supplementary nature that there is no other means or method other than the act (see Supreme Court Decision 2003Do300, Sept. 26, 2003, etc.).
Examining the above judgment of the court below closely after comparison with the records, the judgment of the court below is just and there is no error of law by misunderstanding facts as to a legitimate act or by misunderstanding legal principles (the defendant alleged that the value of the stolen electricity is KRW 137 won. However, according to the investigation report No. 25 of the evidence list submitted by the prosecutor, the above judgment of the court below is based on a reasonable ground.