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(영문) 대법원 2013.09.12 2012도10883

업무방해

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. The term “act which does not contravene the social norms” under Article 20 of the Criminal Act refers to an act which can be accepted in light of the overall spirit of legal order, or the social ethics or social norms surrounding it;

Whether a certain act is a legitimate act that does not violate the social norms, and the illegality is excluded, must be determined individually by considering the purpose and reasonable aspects under specific circumstances.

To recognize such legitimate acts, the following requirements should be met: legitimacy of the motive or purpose of the act; reasonableness of the means or method of the act; balance between the third protected interests and infringed interests; fourth urgency; Fifth, supplementaryness that there is no other means or method than the act.

(2) On May 27, 2010, the lower court held that, in determining whether the measures to cut electricity supply against a delinquent taxpayer for management expenses constitute a justifiable act that does not contravene social norms, the lower court determined that the management rules stipulate that the delinquent taxpayer may take the measures to cut electricity supply; whether the measures to cut electricity supply are lawfully implemented in accordance with the resolution of the management body of a building, such as the board of directors; whether the measures to cut electricity supply may take the measures to the delinquent taxpayer for the management of the building; whether there were any circumstances under which it is inevitable to take the measures to cut electricity supply for the management of the building and for the benefit of other sectional owners; and whether there were other justifiable reasons to refuse the payment of management expenses; and the degree of damage suffered by the victim due to the measures to cut electricity supply. In full view of the various circumstances in its holding, the instant measures did not satisfy the means and methods of the act; the reasonableness of the means and methods of the act; the protection interest and the benefit of infringement; and the balance or supplement of the legal interests and interests of the victim.