퇴거불응
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the defendant did not comply with the request for the withdrawal of the victim in order to return the alcohol price paid in advance to the victim, and thus the defendant's act constitutes a justifiable act. However, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous
2. The "act which does not violate the social norms" under Article 20 of the Criminal Act refers to the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether certain act is a legitimate act that does not violate the social norms and thus, it should be determined individually by rationally and reasonably considering the specific circumstances. Thus, in order to recognize such a legitimate act, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method; (iii) balance between the interests of protection and infringement; (iv) balance between the interests of protection and infringement; and (v) supplementary nature that there is no other means or method other than the act (see Supreme Court Decision 2003Do300, Sept. 26, 200); (ii) whether the defendant or the victim has received the victim's statement or the victim's opinion in advance; and (iii) whether the defendant or the victim has not received the victim's statement or the victim's opinion in advance.