[업무방해][공1994.6.1.(969),1555]
A. Requirements for legitimate acts under Article 20 of the Criminal Act
(b) The case holding that the short circuit measure under the market management regulations constitutes a justifiable act as a ground for the obstruction of business;
A. Whether a certain act is justified as a legitimate act should be reasonably and reasonably determined depending on specific cases. To recognize a legitimate act, the following requirements should be met: (a) the reasonableness of the motive or purpose of the act; (b) the reasonableness of the means or method of the act; (c) the balance between the protected interests and the infringed interests; (iv) urgency; and (v) supplementaryness that there is no other means or method than the act.
(b) The case holding that the short circuit measure under the market management regulations constitutes a justifiable act as a ground for the obstruction of business.
Articles 314 and 20 of the Criminal Act
A. Supreme Court Decision 86Do1764 delivered on October 28, 1986 (Gong1986, 3159) 86Do1809 delivered on January 20, 1987 (Gong1987, 324) 92Do1520 delivered on September 25, 192 (Gong192, 3052)
Defendant
Prosecutor
Chuncheon District Court Decision 93No315 delivered on September 16, 1993
The appeal is dismissed.
We examine the grounds of appeal.
Whether a certain act is justified as a legitimate act should be determined reasonably and reasonably, depending on specific cases. To recognize a legitimate act, first, the reasonableness of the motive or purpose of the act, second, the reasonableness of the means or method of the act, second, the balance between the protected interests and the infringed interests, fourth, the urgency fifth, the requirement of supplement that there is no other means or method than that of the act, etc. (see, e.g., Supreme Court Decision 86Do1809, Jan. 20, 1987; 92Do1520, Sept. 25, 1992).
According to the reasoning of the judgment below, the court below held that the defendant's act constitutes a justifiable act under Article 20 of the Criminal Act, since the defendant's act constitutes a justifiable act under Article 20 of the Criminal Act, based on records and records, the defendant's act was conducted through legitimate procedures to establish market functions by regulating the display of goods and the height of facilities in accordance with the above management regulations, not merely for the ultimate purpose, but also for the process of establishing the market function by regulating the distribution of goods and the height of facilities, and the means and methods thereof, although the supply of electricity is the basic condition for modern life, it is a legitimate reason as the defendant refused the supply in the position of the power supplier in accordance with the management regulations that are implemented with the consent of the members as an effective means for the operation of the above prosperity. Furthermore, in light of the overall circumstances, since the defendant's act was reasonable to the extent that it can be permitted by social norms as an act with a balance, urgency, and supplement of legal interests, and thus, the defendant's act constitutes a justifiable act under the law.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Sang-won (Presiding Justice)