A. misunderstanding of facts and legal principles: ① The Defendant, as a director of the KAE, entered the building occupied by the victim in order to hold a temporary general meeting of shareholders in accordance with the court's decision to permit the convocation of a temporary general meeting of shareholders; ② The victim's business of operating the factory is due to illegal occupation; thus, the Defendant guilty of the facts charged in the instant case, and there is an error of misunderstanding of facts and misapprehension

B. The sentence sentenced by the lower court (250 million won) is too unreasonable.

2. Determination

A. 1) Determination of the misunderstanding of the legal principles on factual mistake and misapprehension of the legal principles 1) Since the de facto peace of a structure that manages a structure is a legal interest to protect the legal interest, whether the manager has a legal legitimate authority to manage the structure or not depends on the establishment of the crime, and it is a private illegal possession without a legitimate title in domestic affairs.

possession, unless such possession is unclaimed by due process, is below its possession.

In such a case, de facto peace should be protected. Thus, even if a person has a private right, if he intrudes on a structure without following due procedure against his will, the crime of intrusion on the structure should be established (see, e.g., Supreme Court Decisions 82Do1363, Mar. 8, 1983; 2006Do4875, Sept. 28, 2006). In addition, the term “business” subject to the protection of interference with business under the Criminal Act refers to a business or business continuously engaged in or continuously, which is worth protecting from invasion by another person’s illegal act. Thus, the contract or administrative act, which is the basis of the business, must not be justified, and therefore, whether it is a business worthy of legal protection, shall be peaceful.