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The defendant shall be innocent.
Reasons
1. The summary of the facts charged was affiliated with D and was the management director of the Gu E Commercial Building in Ansan-si.
The former president was dismissed due to the problem of embezzlement of commercial management expenses and parking expenses, etc., and the latter president was newly appointed on September 2014.
The Chairperson notified the termination of the consignment management contract to D to which the defendant belongs.
However, in D, the Court continued to possess the above management office, stating that “the contract term remains and it is possible to terminate the contract only if there is a legitimate procedure, such as an express lawsuit.”
In this regard, the prosperity newly organized association entered into a contract with F with the entrusted management affairs, and the F's employees occupied the above management office and guard room using the gap.
Under the above circumstances, the Defendant, at around 09:40 on May 14, 2015, set off the joint entrance knobs of the owners of E commercial buildings set aside to enter the above management office, and damaged the repair cost to approximately KRW 660,000.
2. The phrase “act that does not contravene social norms” as prescribed in Article 20 of the Criminal Act refers to an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding 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 reasonableness of the means or method thereof, the balance between the legal interests and the legal interests and the benefits of invasion, urgency, and the supplementary nature that there is no other means or method than the act, it constitutes a justifiable act (see, e.g., Supreme Court Decision 2003Do3902, Apr. 13, 2006). According to the evidence duly adopted and examined by the court, the E commercial association concluded an entrustment management contract with D and period from May 1, 2014 to April 30, 2016, and held at the general meeting of the E commercial association held on May 29, 2014.
6.30. Stationary facts, G.