2. If the defendant does not pay the above fine, fifty thousand won.

The defendant entered into a lease contract with respect to forest land owned by C in Chungcheongnam-gun, Chungcheongnam-gun, and the defendant filed a lawsuit against the defendant for the cancellation of the lease contract, such as the transfer of land.

Around March 16, 2012, the Defendant: (a) extracted three warning boards equivalent to 60,000 won at the market price, stating that “The land is currently pending in the lawsuit, any person shall be prohibited from growing without the permission of the principal owner, since the land is currently pending in the lawsuit; and (b) the victim D, which is the victim of C, installed in the above forest and fields; and (c) thereby, had the effect of using them.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the police statement, receipt, and each photographic statute to D;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserts that the crime of this case is committed in order to avoid the victim D's deprivation of possession of the defendant's forest land B (hereinafter "the forest of this case") located in Chungcheongnam-gun (hereinafter "the forest of this case") and thus, it does not violate the social rules, and thus, it does not constitute a crime

“Acts which do not contravene social norms” under Article 20 of the Criminal Act refers to acts permissible in light of the overall spirit of legal order or the social ethics or social norms surrounding the act. Thus, 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 protected legal interest and the infringed legal interest, urgency, and supplementary nature that there is no other means or method than the act, it constitutes a justifiable act.

Supreme Court Decision 86Do1764 delivered on October 28, 1986, Supreme Court Decision 2003Do3000 delivered on September 26, 2003, and Supreme Court Decision 86Do173 delivered on September 26, 2004