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The judgment of the court below is reversed.
Defendant
B shall be punished by a fine of 200,000 won.
Defendant
B The above fine shall not be paid.
Reasons
1. Summary of grounds for appeal;
A. The Defendants’ misunderstanding the facts and misapprehension of the legal principles were removed, and each notice indicated in the facts charged (hereinafter “instant notice”) cannot be deemed property worthy of protection in light of its content, location of attachment, etc. In addition, since false facts are included in the contents of the instant notice and the procedures for posting are unlawful, the Defendants’ act constitutes a justifiable act or an act of emergency evacuation or self-help that does not violate the social norms, and thus, the court below convicted the Defendants of the facts charged. The court below erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
B. The punishment sentenced by the lower court (each fine of KRW 300,000) is too unreasonable.
2. Determination
A. 1) Determination of misunderstanding of facts and legal principles 1) If the document was destroyed by the defendant against the owner's will, if the document was prepared in the name of the defendant, and even if it made a false statement contrary to the truth, the defendant cannot be exempted from the liability for the crime of destroying the document (see Supreme Court Decision 82Do1807, Dec. 28, 1982, etc.). The "act contrary to social norms" under Article 20 of the Criminal Act refers to the act that is permissible in light of the overall legal order or the social ethics or social norms surrounding it, which is acceptable in light of social norms and social norms. Whether certain act is a legitimate act that does not contravene social norms, and thus, it should be determined individually by examining the motive or purpose of the act, the legitimacy of the act, the means or method of the act, the reasonableness of the method or method, the interests of protecting the law, the balance between the interests of protecting the legal interests and interests.