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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) ① the Defendant was authorized to post a notice as a managing member of the building of this case; ② the notice posted by the Defendant is attached with a pool, and it cannot be deemed that the building was damaged because it was possible to remove the notice clean by light chemical agents; ③ the above notice was posted to inform the sectional owners of the illegal act of the manager of the building, and thus constitutes a justifiable act.
2. Determination
A. ① The following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, the right member is appointed through a resolution to convene a management body (see Article 31(1) of the Regulations on the Management Body of Building B), and it is not clear whether the Defendant was appointed through the above procedure (the administrator C stated that he was appointed only by himself); even if the Defendant is a legitimate management member, the title holder of the management body’s public announcement is deemed the manager, and it is difficult to view that the management committee’s public announcement was entitled to post the notice, and further, the Defendant’s assertion on this is without merit, considering the following circumstances, which are acknowledged by the evidence duly admitted and investigated by the lower court.
B. ② The Defendant asserted that the Defendant had the same purport in the lower court, and rejected the Defendant’s assertion by stating the reasons in detail.
Examining the judgment of the court below in light of the records, the defendant's assertion on this is just and without merit.
C. The phrase “act that does not violate social rules” as stipulated in Article 20 of the Criminal Act refers to an act that can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Therefore, the motive or purpose of a certain act is justifiable, and the means or method of a certain act is justified.