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(영문) 광주고등법원 (제주) 2019.08.28 2018노85
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant takes measures to cut electricity and water at the victim's store, which is the victim's place of business, (1) it constitutes an act that does not violate the social rules in light of its circumstances and circumstances at the time, and (2) even if not, the defendant took measures to cut electricity and water according to the previous practice, and provided legal advice to the attorney in advance, which constitutes a mistake that his act did not constitute a crime under the laws and regulations, and thus, it is not punishable by mistake of facts, misunderstanding of legal principles, or incomplete trial. Thus, the judgment of the court below convicting the defendant

2. Determination

A. Whether an act constitutes an act that does not contravene the social norms under Article 20 of the Criminal Act refers to an act that is acceptable in light of the overall spirit of legal order or social ethics or social norms. Thus, if a certain act satisfies the requirements such as the legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance between the protected legal interest and the infringed legal interest, urgency, and supplementary nature that there is no other means or method than the act, it constitutes a justifiable act (see, e.g., Supreme Court Decisions 2003Do300, Sept. 26, 2003; 2003Do4732, Aug. 20, 2004). In other words, the following facts or circumstances can be comprehensively taken into account the evidence duly adopted and investigated by the court below with respect to the instant case:

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