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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of 20,000 won.
Defendant
A.
Reasons
1. Summary of grounds for appeal;
A. Although Defendant A removed three copies of the notice as stated in the facts charged, the Defendant’s act constitutes an act of necessity or a justifiable act, and thus, is not unlawful.
B. Defendant B (i) The Defendant, as stated in the facts charged, has set the office entrance several times, and has failed to make the repair cost of KRW 700,000,000.
【The sentence of unfair sentencing (one million won of fine) by the lower court is too unreasonable.
2. Determination
A. The phrase “act that does not violate the social rules” under Article 20 of the Criminal Act as to Defendant A’s assertion refers to the act that is permissible in light of the overall spirit of legal order, or the social ethics or social norms surrounding it, and whether certain act is justified as a legitimate act that does not violate the social rules, and thus, the illegality should be avoided, based on specific circumstances and circumstances. Thus, in order to recognize such legitimate act, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the interests of protection and infringement; (iv) balance between the interests of infringement; and (v) supplementaryness that there is no other means or method other than the act.
(see, e.g., Supreme Court Decision 2005Do4688, Sept. 30, 2005). Emergency evacuation under Article 22(1) of the Criminal Act refers to an act that has considerable reason to avoid the present danger to one’s own or another’s legal interests. Here, “act with considerable reason” in order to constitute “act with considerable reason,” the act of escape must be the only means to protect the legal interests in danger, and the second way to inflict the most minor damage on the victim must be the method to protect the legal interests in danger, and the third profit to be compensated by