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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of 2,00,000 won, and by a fine of 70,000 won.
Reasons
1. Summary of grounds for appeal;
A. Regarding the misconception of facts and misapprehension of legal principles regarding the defendants' interference with the business of the defendants, the following facts are considered: (a) there was a dispute about who is the legitimate management authority with D; (b) the defendant A passed a resolution of 40,00 the president of each floor without going through the resolution of the Steering Committee set out in the rules, such as the prosperity rule; (c) the defendants did not notify in advance the payment period of management expenses and the date of the short-term measure although the defendants included the warning in the electric fee notice as an official notification; (iv) the defendants did not file a lawsuit seeking management expenses before the instant short-term measure; and (v) the defendants did not object to the appointment of the representative, and only limited short-term measures have been taken against the persons who opposed to the appointment of the defendant A, and thus, it cannot be deemed as a justifiable act.
B. The lower court’s sentence of an unreasonable sentencing (a fine of KRW 300,000) imposed on Defendant B is too uneased and unreasonable.
2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles
A. The "act that does not violate social rules" as stipulated in Article 20 of the Criminal Code refers to the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether certain act is a legitimate act that does not violate social rules and thus, the illegality should be avoided, based on specific circumstances, and it should be determined individually. Thus, in order to recognize such legitimate act, 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 other means or method other than the act.