절도등
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)
A. L Co., Ltd. (hereinafter “Defendant Co., Ltd.”) operated by the Defendant of the locking goods (hereinafter “Defendant Co., Ltd.”) is the owner who was awarded a successful bid of two and four warehouses and four warehouses at the time of strike, and the locks attached to the auctioned warehouse building are affiliated with the above warehouse building or subsidiary goods, and thus does not constitute the elements of property damage.
In addition, even though compulsory execution was attempted under the order of delivery as a follow-up procedure of the auction procedure, considering the fact that the victim prevented access roads to the entrance of the building and the execution was impossible, the act of destroying locks and entering the warehouse constitutes a legitimate act of Article 20 of the Criminal Code or a self-help act of Article 23.
(b) It does not constitute a crime of intrusion on a structure because a person who intrudes on a structure does not possess a warehouse which is the object of the successful bid.
(c)
The sn beam beam of this case is located far from the original warehouse and is not an independent movable, but an accessory or accessory to the warehouse building, and thus owned by the defendant at the auction of the warehouse, and thus does not constitute larceny. Even if it is not so, the act of attaching the sn beam beam line located far from the warehouse to the warehouse building does not go against the social rules and thus constitutes a legitimate act under Article 20 of the Criminal Act.
(d)
Nevertheless, the lower judgment convicting each of the facts charged of this case is erroneous by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged was purchased at KRW 2.3 billion in the auction proceeding by the Defendant: (a) two Dongs and four warehouses in Pakistan-si C, D, E, F, and G located; and (b) four warehouses in the auction proceeding.
The victim H, who was the former owner, claimed the right of retention in the warehouse and factory located in that place, and set the entrance door of the 3 warehouse in the above G out as a key.
1) The Defendant who damaged property on December 15, 2013.