특수재물손괴등
The judgment of the court below is reversed.
The sentence of punishment against the Defendants shall be suspended.
1. The summary of the grounds for appeal (legal scenarios) although the Defendants have the authority to enter the E church as members of the E church and to release their services, W pastor has committed unjust acts, such as prohibiting the access to the church of the so-called so-called “inter-party” members, including the Defendants, and obstructing the worship.
Accordingly, the defendants' access to a church and no other method exists in order to make a worship, and it constitutes a justifiable act that does not go against the social rules, and it constitutes a legitimate act that interferes with the victim's prevention of Defendant B from removing the correction devices of the church education center constitutes self-defense or excessive self-defense.
2. Determination
A. As to the Defendants’ assertion of misapprehension of the legal principles, “act which does not contravene the social rules” under Article 20 of the Criminal Act refers to an act which is acceptable in light of the overall legal order or the social ethics or social norms surrounding it, and whether a certain act is justified as an act that does not violate the social norms, and thus, should be determined individually by considering the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the protection interest and the benefit of infringement, the balance between the legal interest and the benefit of infringement, and the supplementary nature that there is no other means or method than the act, etc. (see, e.g., Supreme Court Decision 2004Do5628, Apr. 27, 2006). Meanwhile, self-defense under Article 21 of the Criminal Act is for the purpose of defending the present infringement of self-defense or other person’s legal interests, and thus, is established as a legitimate act of self-defense, the degree of infringement by the act of infringement, the type and degree of infringement, and the legal interests of infringement.