A. A. A. Before the council of occupants’ representatives of this case’s act takes over the management business of multi-family housing from the reconstruction association which is a project proprietor, the Defendant posted a banner without prior consultation with the reconstruction association, and did not remove it even at the request of the reconstruction association which is a management entity of multi-family housing, the Defendant removed

The banner contains contents that can reduce the market price and reputation of the apartment of this case, such as the fact that it was constructed as a material containing carcides, and there was a considerable period of time until the conclusion is obtained by filing a civil lawsuit for the removal of banner. On the contrary, bad question about the apartment of this case will spread to the inserted time. As such, the defendant's act of removing the banner in order to protect the reputation of the apartment of this case and the property value of the resident, has the balance between the legitimacy of motive and purpose, the reasonableness of means or methods, the protection interest and the infringement interest.

Therefore, the removal of banner by the defendant constitutes a legitimate act of Article 20 of the Criminal Code.

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

2. Determination

A. According to the evidence duly adopted and examined by the court below on the assertion of justifiable act, it is recognized that the defendant arbitrarily removed the banner 13 installed by the council of occupants' representatives as stated in the facts constituting the crime in the judgment below. The fact that there was a conflict of opinion between the reconstruction association, the council of occupants' representatives and the Si/Gun/Gu construction in relation to the repair of defects in the apartment at the time, the defendant removed the banner on the date of installation, and the reconstruction association did not delegate the removal of the banner to the defendant.

In addition to the circumstances stated in the lower court’s factual relations, the date of establishment shall be immediately recorded.