A. On May 2, 2015, the Defendant, as an election management member of the apartment of this case, has entered a usual management office (hereinafter “election management member office”), with regard to the damage of property in the first instance judgment of the first instance court, and interference with one’s own business on May 2, 2015, the Defendant inevitably damaged the entrance knife and damaged the door knife and corrected the entrance.

Therefore, the defendant's act constitutes a legitimate act under Article 20 of the Criminal Code.

2) On June 23, 2015, regarding interference with one’s own business on June 23, 2015 among the judgment of the first instance court, the apartment election management committee has prevented the tenant from illegally elected the representative without recognizing the right to vote, and the duties of the said election management committee do not have the value of protection under the Criminal Act.

3) In the judgment of the first instance court, intimidation to the effect that it was intended to protect the property and rights and interests of apartment residents, and thus constitutes a justifiable act.

4) Of the judgment of the second instance court, the chairman of the occupants' representative meeting acquired the representative allowance, embezzled part of the apartment management expenses, and embezzled the act of violation of trust in the process of selecting an external auditor. The defendant's act is aimed at promoting the interests of apartment residents and thus, it is dismissed of illegality.

5) It is unreasonable to recognize the crime of defamation in the judgment of the second instance, even though the victim was not specified in the case.

(b) The punishment sentenced by the first and second instances of sentencing (the first instance judgment: imprisonment with prison labor for 8 months and the second instance: fine of 3 million won) is too unreasonable.

2. Determination

A. 1) The defendant's assertion is based on the premise that the defendant is a member in charge of the election management of the representative election, and the defendant is for the following reasons.