Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

Around 13:00 on May 4, 2018, the Defendant removed a written public notice (hereinafter “instant public notice”) prepared by the victim D working as the head of the department in Mapo-gu Seoul, and attached it on the bulletin board of the said cooperative (hereinafter “instant public notice”) from a hand on the ground that “the Defendant was prepared and posted by a person ineligible to prepare the public notice”), thereby impairing its utility.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on bulletin board photographs;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that documents were removed for the normalization of the instant association and the benefit of the entire taxi article; the public interest that the victim obtained by preventing misunderstanding of taxi articles compared to the property disadvantage suffered by the taxi engineer was necessary to urgently remove the notice of this case in order to prevent misunderstanding of the taxi engineer; and other efficient measures are difficult to be presented. In full view of the fact that the Defendant’s act of removing the notice of this case is not unlawful as it does not violate the social rules.

2. Determination

A. "Acts that do not violate social norms" under Article 20 of the Criminal Act refers to acts permissible in light of the overall spirit of legal order or the social ethics or social norms surrounding such acts. To recognize such legitimate acts, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method; (iii) balance between the protected interests and the infringed interests; (iv) urgency; and (v) supplementaryness that there is no other means or method other than the act (see, e.g., Supreme Court Decision 2010Do2680, May 27, 2010).