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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. In fact, misunderstanding the legal doctrine and misunderstanding the victim demanded that the victim remove the gas measuring instrument installed on the outer wall of the building owned by the defendant, but the victim failed to comply with such demand and caused the gas measuring instrument to be deprived of through the employees of the controlled entity as stated in the facts charged. This is deemed to have exercised legitimate rights based on the defendant's ownership, and it is deemed that no other means or methods were available, and thus constitutes a justifiable act as it does not
B. The sentence of the lower court (an amount of KRW 1,00,000) that is unfair in sentencing is too unreasonable.
2. Determination
A. On April 7, 2015, the Defendant: (a) around 14:00, at his house located in Seongbuk-gu Seoul, Seongbuk-gu Seoul; (b) the victim D, who was installed with his own permission on the wall, lost the market value of urban gas measuring instruments, and prevented the use of urban gas through E, which are the controlled personnel of the said measuring instrument; and (c) thereby damaging the utility of the gas measuring instrument.
B. The lower court determined that the Defendant’s act does not constitute a justifiable act that does not contravene the social norms in light of the motive and background of the instant case, the method and consequence of the crime, etc., and found the Defendant guilty of the instant facts charged.
(c)
1) Determination of the party concerned 1) Whether a certain act of the relevant legal principles is justified as an act that does not contravene the social norms, and thus, it should be judged individually by examining the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the protected interests and the infringed interests, the fourth urgency, and the fifth supplementary nature that there is no other means or method other than the act.