업무방해등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The Defendant (misunderstanding of the facts or misapprehension of the legal doctrine) committed an act as stated in the facts charged in order to prevent inappropriate candidates from being elected in the election of executive officers of the representative meeting of the tenant representative meeting of the right line C apartment (hereinafter “instant apartment”) and to raise an issue about the corruption of the tenant representative meeting.
Ultimately, the defendant's act is for the public interest of the occupants of the apartment of this case, and its illegality is excluded as it constitutes a justifiable act.
In doing so, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
B. The prosecutor (unfair sentencing) of the lower court’s sentence (an amount of KRW 3 million) is too unhued and unfair.
2. Determination
A. Determination of the lower court on the Defendant’s misunderstanding of the facts or misapprehension of the legal doctrine 1) The lower court’s determination that the Defendant’s act constitutes a justifiable act.
As to the assertion, the removal, etc. of the poster must be conducted through legitimate procedures only if there is a justifiable reason. In light of the fact that the defendant removed the poster several times without going through legitimate procedures even if there is no urgent reason, the defendant's act meets the requirements such as the reasonableness of the means or method of the act, urgency, and supplementary nature that there is no other means or method than the act.
It is difficult to see that it does not constitute a justifiable act.
The decision was determined.
2) The term "act that does not violate the social rules" as stipulated in Article 20 of the Criminal Act of the Judgment of the Party refers to the act that is acceptable in light of the overall spirit of the legal order, or the social ethics or social norms surrounding it, and it is specific that certain act is dismissed as a legitimate act that does not violate the social norms.