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The judgment below
The part concerning Defendant E and G is reversed, and this part of the case is remanded to the Panel Division of the Seoul Southern District Court.
Reasons
The grounds of appeal are examined.
1. As to the Defendants’ damage to public goods and Defendant E’s consent to the National Assembly president’s resolution
A. The phrase “act which does not contravene social norms” under Article 20 of the Criminal Act refers to an act which is permissible in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether certain act is justified as a justifiable act that does not contravene social norms, and the illegality of which act is excluded should be determined individually and reasonably under specific circumstances. Thus, in order to recognize such legitimate act, the following requirements should be met: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance between the protected interests and the infringed interests; (iv) urgency; and (v) supplementary nature that there is no other means or method other than the act.
(See Supreme Court Decision 2003Do3000 delivered on September 26, 2003, etc.). In addition, in order to constitute “an act with reasonable grounds” under Article 22(1) of the Criminal Act, the act of escape shall be the only means to protect the legal interests in danger, and the first act of escape shall be the only means to protect the legal interests in danger, second act of escape shall be the one to protect the legal interests in danger, second act of escape shall be the one to give the most minor damage to the victim, third act of escape shall be more superior to the benefits in danger. Fourth, the act of escape must be a proper means in light of social ethics or overall spirit of legal order.
(See Supreme Court Decision 2005Do9396 Decided April 13, 2006, etc.). B.
The judgment below
According to the reasons, the Defendants jointly with C, etc., and take place in the conference room between 10:30 on December 18, 2008 to 13:30 on December 18, 2008.