A. In light of the legal principles, the Defendant and his father G operated a limited company C with H et al. and demanded the settlement of claims against the company due to disputes. However, the Defendant’s act constitutes a justifiable act that does not violate the self-help or social norms in order to prevent the company from taking out its assets to secure claims in the refusal of dialogue.

Nevertheless, the court below erred by misapprehending the legal principles and thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (the amount of KRW 1,00,000) is too heavy.

2. Determination

A. Judgment on the misapprehension of the legal principle 1) The act of self-help under the Criminal Act

“Where it is impossible to preserve a claim by legal procedure, it refers to an act to avoid the impossibility or significant difficulty of its execution (see, e.g., Article 23(1) of the Criminal Act and Supreme Court Decision 2007Do7717, Dec. 28, 2007). According to the records, G is pending in trial by filing a lawsuit against the representative director H of a limited company C, such as land transfer, against the representative director H of the limited company (the Jeonju District Court Branch Branch 2018 combined 50142). As such, the Defendant and G may promptly seek relief by means of prohibiting the release of aggregate, sand, etc. by filing an application for provisional disposition under the Civil Execution Act.

At the time of committing the instant crime, there was no time to conduct such public procedures due to the Defendant’s time and place of the instant crime, or there was an urgent circumstance in which even if it would be based on the later public means, its invalidation could not be achieved.

There are no circumstances that can be seen in the records.

Therefore, the defendant's act cannot be viewed as a requirement for self-help under the Criminal Code.

2) The phrase “act that does not contravene social norms” as prescribed by Article 20 of the Criminal Act is in the spirit of the entire legal order or its hinterland.