At around 10:30 on April 28, 2017, the Defendant found that the victim, who received an order to remove parking facilities from an administrative agency at the site of the Dong Seo-gu Distribution Center-gu, Seo-gu (Seoul) on the grounds that the parking facilities of the said distribution center, which are common property of the said distribution center, are removed without consultation or notification to the right holder such as the sectional owner, and found the parking facilities of the said distribution center, which are the common property of the said distribution center, was set up to prevent access roads with the vehicle, and interfered with the victim’s illegal parking facilities construction work, which is the head of the management office, by force.

2. The defendant and his defense counsel asserts to the effect that the defendant's act committed in the course of resisting illegal removal and enforcement constitutes a justifiable act.

"Acts which do not violate social norms" under Article 20 of the Criminal Code refers to acts which can be accepted in light of the overall spirit of legal order or the social ethics or social norms, and therefore, if a certain act satisfies the requirements such as the motive or justification of the act, the reasonableness of the means or method of the act, the balance between the legal interests protected and the legal interests infringed, urgency and other means or methods except the act, it constitutes a justifiable act.

(see, e.g., Supreme Court Decisions 86Do1764, Oct. 28, 1986; 2002Do5726, Nov. 28, 2003). The following circumstances acknowledged by the record are the co-owner of B Distribution Center (hereinafter “the Center”), namely, the Defendant is in the position of the co-owner of B Distribution Center (hereinafter “the Center”), and the management office has publicly announced the removal order on the bulletin board of the Center, but the reasons why the removal order was issued should be entirely removed.