Such an act constitutes an act of making the other party potable by means of intimidation against small local merchants by taking advantage of the exercise of rights against small local merchants. Since the means and methods of exercising rights exceed the permissible level and scope under the common sense of society, it constitutes an act of attack.

Nevertheless, the court below acquitted all of the charges of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. The lower court’s judgment held that F entered into an entrustment contract for advertisement management with the managing body of the apartment complexes that the victims of the instant 13 victims distributed or attempted to distribute the advertising leaflet (hereinafter “the instant apartment complexes”) and the main contents of the contract are as follows: (i) the management body vicariously performs the work of eradicating the unauthorized distribution of advertising materials inside the instant apartment complexes; and (ii) the F can only distribute the advertising materials inside the instant apartment complexes; and (iii) the F may act on behalf of F for the instant managing body, such as filing an accusation against the unauthorized distribution of advertising materials without the permission or authorization; and (iv) the content of the contract does not constitute an act contrary to good morals and other social order, nor can it be deemed that F can distribute the advertising materials to the instant apartment only through F, and if not so, it can not be accused.”