The judgment of the court below is reversed.

The sentence of punishment against the Defendants shall be suspended separately.

1. The summary of the grounds for appeal (hereinafter “E”) and the Dtel management body (hereinafter “D management body”) continue to dispute over the management right of the Dtel (hereinafter “instant building”) since 2011, and the victims deposited management expenses with E and D management body as depositee because the victims could not know the subject of the management right. Thus, the victims cannot be deemed to have unpaid management expenses. Even if the victims failed to meet the supplementary requirements required from the legitimate act even if they failed to pay management expenses, the lower court recognized the Defendants’ act as justifiable act and acquitted the Defendants. In so doing, the lower court erred by misapprehending the legal doctrine.

2. Determination

A. The lower court found the Defendants not guilty on the ground that the Defendants did not constitute a justifiable act under Article 20 of the Criminal Act, since the Defendants’ measures for the cutting of the instant building had the authority to manage the instant building in E at the time of the instant cutting-out measures, the victims did not pay management expenses to E, and the victims could have been unable to normally perform management of the instant building due to the failure to pay management expenses to the victims, and E sent the victims a certificate of the payment request of management expenses and the notification of cutting-out measures, etc. at least three times in accordance with the management rules, and thus, the Defendants’ measures for the cutting-out of the instant case committed by the Defendants did not have the authority to manage the instant building in E at the time of the instant cutting-out measures.

B. Determination of whether a certain act does not contravene social norms and the illegality is excluded as a legitimate act, must be determined individually by examining and reasonably under specific circumstances, and in order to recognize such legitimate act, the motive or purpose of the act is legitimate;