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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (legal scenario) was transferred to C bus (hereinafter “instant vehicle”) from the Defendant Company B (hereinafter “Defendant”) in which the Defendant actually operated, without distinguishing between the foregoing Company B and the representative director F, and the Defendant, and subsequently, the Defendant did not properly settle various taxes and public charges agreed upon, employing crew not verified, and operating a vehicle without attaching operational record and GPS.
Since the Defendant inevitably removed the number plate of the instant vehicle in order to prevent such unlawful operation, it would be justified as a justifiable act.
2. Determination
A. The phrase “act that does not contravene social norms” under Article 20 of the Criminal Act refers to the act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether certain act constitutes a legitimate act that does not contravene social norms and thus, should be determined individually by considering the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the benefits of protection and the benefits of infringement, the fourth urgency, and the fifth supplementary nature that there is no other means or method than the act.
(See Supreme Court Decision 2008Do6999 Decided October 23, 2008, etc.). The Defendant did not consider any legal means such as delivery and provisional disposition of vehicles or number plates, or vehicle operation suspension and provisional disposition, and it is recognized that the Defendant had an employee remove the number plate at his/her discretion. Thus, the Defendant’s act cannot be deemed as a justifiable act that does not go against the social rules.
(b) The original court’s judgment is legitimate.