The defendant is a resident of Dongdaemun-gu Seoul Metropolitan Government apartment house, and the victim D is a management complaint of the same apartment.

On July 29, 2016, around 22:40, the Defendant removed, in his/her hand, a public notice of the item of “prevention of inciting a will and emergency guidance”, which is the victim’s possession of an apartment building 113, attached on the bulletin board, and thereby damaged the property owned by the victim.

Summary of Evidence

1. A statement to the effect that the defendant is removed from this Court on the date and time and place of criminal facts;

1. Each legal statement of witness D and E;

1. A copy of the public announcement;

1. Application of film and video-related Acts and subordinate statutes, where public announcements are damaged on bulletin boards of 113 elevators;

1. Article 366 of the Criminal Act applicable to the facts constituting the crime;

1. Selection of an alternative fine for punishment;

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (the period computed by converting 100,000 won into one day) by the detention in a workhouse;

1. Article 59(1) of the Criminal Act (the fact that the defendant has no history exceeding fine, the circumstances leading to this case, and all other circumstances before and after the case) of the suspended sentence concerning the defendant's assertion of the defense counsel, the defendant and the defense counsel tried to temporarily remove the defendant for the purpose of preventing confusion between the chairperson of the representative meeting of occupants and the occupants, and then re-enter them on the following day. The defendant asserts that the defendant's act constitutes a justifiable act under Article 20 of the Criminal Act.

The term "act that does not violate social norms" under Article 20 of the Criminal Code refers to an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Thus, in order for a certain act to constitute a justifiable act, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the protected legal interests and the benefits of the law, urgency, and the act other than the act.