All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant asserted the misapprehension of the legal doctrine by entering the meeting room under the circumstance that there is no other way to inform the victim that he/she is not qualified as the chairman of the council of occupants' representatives, and thus, he/she knew the fact to the residents.

Nevertheless, the judgment of the court below which found the Defendant guilty of obstruction of business among the facts charged in this case is erroneous in the misapprehension of legal principles.

B. The judgment of the court below on the grounds of unfair sentencing by both parties is unreasonable.

2. Determination

A. (1) The lower court determined that the Defendant’s act, as stated in paragraph (1) of the facts charged, did not constitute a justifiable act on the grounds that the Defendant’s act did not meet the requirements for a justifiable act, in particular urgency and supplement, by comprehensively taking account of the following legal principles, records, and arguments.

"Acts which do not violate social rules" under Article 20 of the Criminal Code refers to acts which can be accepted in light of the overall spirit of legal order, or the social ethics or social norms, as well as acts which do not violate social rules, and which act is justified and thus, the illegality of which act is excluded should be determined individually and reasonably under specific circumstances. Thus, in order 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, and fifth supplementary nature that there is no other means or method other than the act.

(see, e.g., Supreme Court Decision 2003Do3000, Sept. 26, 2003). The Defendant was elected as the president of the C Apartment Council on September 10, 2012, and was dismissed on October 30, 2013, and the victim was appointed as the president of the said council of occupants’ representatives around that time.

The defendant.