(영문) 대구지방법원 2020.04.22 2019노4136



The defendant's appeal is dismissed.


1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are that the Defendant occupied the instant building in order to exercise legitimate right of retention by being employed by H Co., Ltd. (hereinafter “H”) with a claim for the price of construction (hereinafter “instant construction”) of Jongno-gu Seoul Metropolitan Government G Building (hereinafter “instant building”).

Nevertheless, the court below found all of the facts charged of this case guilty. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts and misapprehension of legal principles, the defendant can find the fact that the defendant opened the iron gate against the will of the victim K Co., Ltd. (hereinafter "victim Co., Ltd.") who occupied the construction site of this case as shown in the facts charged of this case and damaged it and invaded it, and such act of the defendant cannot be deemed as a legitimate act.

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

① Co-Defendant F (hereinafter “F”) of the lower judgment, other than Co-Defendant F (hereinafter “F”), led to the instant crime according to F’s instructions, and F had already left the construction site of this case as H’s employee who was a contractor of the instant construction project, and H had been aware of the fact that the victim company had ceased to perform the construction project and had been in possession of the construction site of the instant building.

(2) "F" means a container on which at least 3:30 on October 24, 2016, seven persons, including the defendants directly employed by oneself, are on board under its own control.