The defendant shall be innocent.

1. The Defendant is the head of the management office of Songpa-gu Seoul apartment.

On October 19, 2016, the Defendant instructed apartment security personnel to remove 150 chapter 150 of the “written vindication of rebuttals by the Chairman of the E-Chairperson and A’s president’s explanation of the reverse bid for guard)” posted by the victim D, who is the president of the representative meeting of all occupants, on the bulletin board of residents adjacent to the present entrance of each apartment.

Accordingly, the defendant damaged the documents of the victim.

2. Determination

A. 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 it. Thus, if a certain act satisfies the requirements such as the motive or legitimacy of the act, the reasonableness of the means or method of the act, the balance between the protection interest and the infringement interest, the urgency, and the supplementary nature that there is no other means or method than the act, etc. (see, e.g., Supreme Court Decision 2004Do8530, Feb. 25, 2005). (b) The following facts are acknowledged according to the evidence duly adopted and examined by the court:

① The Defendant is a manager of Songpa-gu Seoul apartment (hereinafter referred to as “instant apartment”) and the victim is the third occupant representative of the instant apartment.

② In relation to the reverse bid for guard of the instant apartment, the Defendant, etc., who is the head of the management office, caused approximately KRW 2.5 million to the occupants.

Sending text messages, etc. to occupants;

was made.

③ On August 22, 2016, the Defendant respondeded to the victim’s assertion, and “The injured party, while serving as the representative of the occupants, has been suffering damage to the occupants by applying 21/1,000 of the standard industrial accident security industry at the time of bidding for the selection of a business entity for security purpose, while serving as the representative of the occupants, by applying 10/1,000, and in violation of the management rules.