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(영문) 수원지방법원 2015.05.22 2014노5866

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant is innocent, since the victim caused a crime.

2. The phrase “act that does not contravene social norms” under Article 20 of the Criminal Act refers to an act that is acceptable 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 legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance between the protected interest and the infringed interest, urgency, and supplementary nature that there is no other means or method other than the act, it constitutes a justifiable act.

I would like to say.

(See Supreme Court Decisions 86Do1764 delivered on October 28, 1986, 2004Do8530 delivered on February 25, 2005, etc.). According to the evidence duly adopted and examined by the lower court, the Defendant’s failure to pay the construction cost from the apartment management office is recognized, but considering the specific contents of each of the of the crimes of this case, the specific contents and method of expression of harm and injury notified by the Defendant, each of the crimes of this case does not constitute a justifiable act because the Defendant did not meet the requirements such as reasonableness of the means or method.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.