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The judgment of the court below is reversed.
The accused shall publicly announce the summary of the judgment of innocence.
Reasons
1. The summary of the facts charged, around September 15, 2013, the Defendant, despite the fact that there was a dispute over ownership between the owner of the said forest and field C and the victim D, the Defendant has reduced the value of the property by stating that the damaged person is a clan property in the 31st share of the 31st share of the pine trees owned by the victim using the Ra, with a view to preventing the defect in taking out the pine trees planted in the said forest, even though the owner of the said forest and field was in dispute over ownership.
2. The summary of the grounds for appeal is that the clan, the representative of which is the defendant, is not owned by the victim.
Even if the standing tree is owned by the victim, the act of the defendant with the indication of clan property in order to prevent the victim from taking out the pine trees against the disposition of prohibition of taking out the pine trees, and the illegality of the act that does not violate the self-help or social rules is excluded.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.
3. Determination
(a) An act of self-help under Article 23 of the Criminal Act;
The term "act that does not violate social rules" means an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms in the surrounding state, where it is impossible to preserve a claim by legal procedure (see, e.g., Supreme Court Decision 2006Do9418, Mar. 15, 2007). The term "act that does not violate social rules" as defined in Article 20 of the Criminal Act means an act that is acceptable in light of the motive or purpose of the act, the reasonableness of the means or method, the balance of the legal interest in protection and profit, the balance of the legal interest in the act, and the supplementary nature that there is no other means or method other than the act. Thus, if a certain act satisfies the requirements such as the motive or legitimacy of the act, the means or method of the act, the balance of the legal interest