The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is the representative of the merchants' association, which is a group opposing B reconstruction, and the victim C is the employee of the B reconstruction management body.

around 09:00 on August 2, 2019, the Defendant obstructed the victim’s parking lot management work by force by blocking all parking lots without permission on the ground that the management body to which the victim belongs was delinquent for about 10 million won from April 2, 2019 to about 4 months.

Summary of Evidence

1. Each police statement of C (including the cross-examination part of the defendant);

1. Investigation report (Submission of a suspect with a notice of management expenses for July in arrears);

1. A criminal investigation report (Submission of documentary evidence related to C) [the defendant and his defense counsel] argues that the defendant's act does not violate the social norms and that there exists justifiable reason to believe that such act was lawful. Whether certain act constitutes legitimate act that does not contravene social norms and thus, should be determined individually by considering the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the third protected benefit and infringed benefit, the fourth urgency, and the fifth supplementary nature that there is no other means or method than the act (see, e.g., Supreme Court Decisions 2006Do1187, Jun. 27, 2006; 2012Do1083, Sept. 12, 2013; 2012Do1083, Sept. 12, 2013; 2013). Thus, the defendant's act and defense counsel's allegation that the act constituted a justifiable act cannot be seen as unlawful in light of the above legal principles and the records, as follows.

(1) The defendant belongs.