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The judgment below
Part concerning Defendant A and C shall be reversed.
Defendant
A A A A shall be punished by a fine of 500,000 won, and Defendant C.
Reasons
1. Summary of grounds for appeal;
A. (1) The Defendants’ assertion of lawful act was necessary to enter the instant office and check and repair the air conditioners installed in the ceiling office at the time stated in the facts charged in the instant case, and the air conditioners installed in the Defendant’s office were discontinued. However, the victim who had arbitrarily connected the air conditioners, such as rent and others in arrears, prevented the Defendants from entering the instant office under Defendant C’s instruction pursuant to Article 18 of the Office Lease Agreement, and check and repair the air conditioners. Thus, the Defendants’ crime of this case is not a legitimate act, and thus, it does not constitute a crime since the Defendant’s entry into the instant office and inspected and accepted the air conditioners.
Although the Defendants did not only check and repair the air-conditioner cooperation devices, the Defendants’ act of entering the office of this case can not be changed in order to check and repair the air-conditioner early.
The sentence of the lower court (Defendant B: a fine of KRW 500,000, Defendant C: a fine of KRW 700,000) is too unreasonable.
B. The Prosecutor’s sentence (as to the Defendants: Defendant A: the suspended sentence of a fine of KRW 500,000; Defendant B: fine of KRW 500,000; Defendant C: fine of KRW 700,000; and fine of KRW 700,000) of the lower court is unreasonable.
2. Determination:
A. (i) As to the Defendants’ assertion of justifiable act, whether any act of the relevant legal principles is justified that does not contravene social norms, and thus, the illegality should be avoided, under specific circumstances, determined individually by examining and reasonably considering the motive and purpose of the act; and (ii) the reasonableness of the motive and purpose of the act; and (iii) the means and method of the act.