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(영문) 서울남부지방법원 2014.08.28 2014노842
절도
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (legal scenarios) of the judgment of the court below, although D asserted as the chairman of the council of occupants' representatives, and her husband G again requested D to disclose the details of expenditure of apartment management expenses, D et al., it did not comply therewith.

Therefore, the defendants' act is justified as a legitimate act that does not violate social rules, since they committed an act as stated in the facts constituting an offense in the judgment of the court below for the benefit of all residents.

Nevertheless, as the court below rendered a guilty verdict against the Defendants, it erred by misapprehending the legal principles in the judgment of the court below.

2. The phrase “act which does not contravene social norms” as stipulated in Article 20 of the Criminal Act refers to an act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether a certain act constitutes a legitimate act which does not contravene social norms, and thus, the illegality should be excluded, based on specific circumstances, should be determined on an individual basis, based on a concrete and reasonable basis.

As to this case, we examine this case.

According to the records and arguments, D was elected as the chairman of the council of occupants' representatives of the above apartment on August 13, 2013, and the Defendants underwent conflict with D while disputing the validity of the resolution elected as the chairman of the council of occupants' representatives of the above apartment complex, and during that process, they committed acts listed in the facts stated in the judgment of the court below, and in the judgment of the court of first instance of related civil litigation, the defendants' arguments were not accepted, and the defendants' arguments were not appealed and pending in the lawsuit.

In light of the above facts acknowledged, even if the defendants' claims on the background and motive leading up to the act of entering the facts of the crime of the court below are considered, it is difficult to see that the defendants' act satisfies the reasonableness of the means and go through legitimate procedures.

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