건조물침입등
The judgment below
The guilty portion against the defendant shall be reversed.
Of the facts charged in the instant case against the Defendant.
1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles with regard to the part of the crime), the lower court convicted the Defendant as to the charge of causing the destruction of and damage to a special article among the facts charged in the instant case, and convicted the Defendant as to the charge of causing the destruction of and damage to a structure, and only the Defendant appealed
Therefore, the scope of this court's judgment is limited to the conviction of the defendant.
The Defendant, as a manager, replaced a locking device at a place where a sectional owner or lessee of an aggregate building can freely access, does not constitute the elements of the crime of intrusion on a building, and even if it constitutes a snow death, the illegality as a justifiable act should be avoided. However, the lower court convicted the Defendant of the facts charged as to the intrusion on a building of this case by misapprehending the legal doctrine.
2. Determination
A. On February 15, 2017, the Defendant is a person appointed as the manager of the management body of the management body of the office of “E” officetel located in Seocho-gu Seoul, Seocho-gu as of February 15, 2017, and A works as the head of the management office of the above aggregate building since February 24, 2017, and F is the vice president of the G corporation in charge of entrusted management from the management body.
On December 30, 2016, the Defendant, A, and F accepted an application for provisional injunction against the performance of duties against H, the representative of the management body of the above sectional owners of the aggregate building at the Seoul Central District Court. On August 10, 2017, even though the lawsuit seeking confirmation of invalidity of the resolution on the general meeting and special meeting of the management body led by the above H was accepted in the same court, the Defendant still carried out the management duties in the management body that is under way, and the Defendant, A, and F, were used for the management affairs of the Defendants by securing accounting data, etc. on the management affairs.
On September 1, 2017, the defendant, A, and F are two victims of the aggregate building underground around 08:30.