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

On March 23, 2016, the Defendant conspired with C on March 23, 2016, when the Defendant did not pay part payments, etc. to the real estate previously contracted by the victim E, opened the entrance in collusion with C and opened the door in a long time without paying part payments, etc. to the land previously contracted by the victim E, and entered the building, which is the building managed by the victim, to move the victim's goods to another place.

Accordingly, the defendant conspireds with C to intrude into a structure.

Summary of Evidence

1. Legal statement of witness E;

1. Statement protocol by the police for E;

1. Determination as to the defendant and defense counsel's assertion of each investigation report (No. 4, 15, 18 of the evidence list)

1. The gist of the assertion was that the victim removed from the building as indicated in the judgment below (hereinafter “instant building”) on February 2015.

Therefore, the injured party had been managing the above building thereafter.

As such, the defendant's act does not constitute "influence to the structure managed by others".

Even if the defendant's act constitutes the elements of composition, the victim did not contact the building of this case for a long time. Under such circumstances, the defendant's act of inevitably entering a building to manage the building constitutes a justifiable act of Article 20 of the Criminal Act.

B. (1) Determination 1) The term “management” in the intrusion of a structure, such as related legal principles, means that a person actually controls and controls the structure, and requires the installation of sufficient human and physical facilities to prevent infringement on other persons without permission.

Therefore, it is reasonable to view that not only the case where a water level or security guard or manager is appointed, but also the case where locks are locked or the door is damaged.

Since the crime of intrusion upon a structure is the protection of the de facto peace and interests of the structure to be managed, the manager of the structure.