A. According to the evidence, such as organization Kakao Stockholm held by the victims of misunderstanding of facts, Defendant D also was recognized as having been at the scene, and the Defendants’ act of occupying the place where the ATM devices are installed and interfering with installation by sound constitutes “power” of interference with duties.

B. In light of the legal principles, Defendant A’s act is merely a voluntary organization, not a management system under the Act on the Ownership and Management of Aggregate Buildings, and there is no authority to prevent the installation of ATM machine according to the resolution of the instant shopping mall management group. Even if the advertisement bulletin board installed at will due to the installation of ATM machine, it is possible to sufficiently protect the Defendants’ rights by raising an objection to the general meeting of the management division or filing a civil lawsuit. Therefore, the Defendants’ act cannot be deemed as a justifiable act under Article 20 of the Criminal Act, since it cannot be acknowledged that the means or method, urgency, and supplement are appropriate.

2. Determination

A. As to whether Defendant D was at the site, the lower court acknowledged the facts and circumstances as stated in its reasoning based on the evidence duly admitted and investigated, and determined that Defendant D did not seem to have existed at the site of this case in full view of such facts and circumstances.

However, according to the evidence duly admitted and examined by the court below, Q, which was relayed to the Kakaka Stockholm Group Stockholm, was at the scene of Defendant D in the court below, considering the following circumstances: (a) from the second floor of the building of this case; and (b) the present situation; and (c) Q

In addition to whether D was on the spot, Q, such as the order or time when other Defendants, police officers, and bank employees arrive at the site, appears to be replaced by the content of the Kakao Stockholm and the site circumstances recognized by objective data, and in the case of ATM installation devices S, the place where ATM devices are installed.