The guilty portion shall be reversed.

The defendant shall notify the summary of the judgment on the defendant.

A. The lower court found the Defendant guilty of this part of the facts charged, despite the absence of intention to intrude a structure, by misapprehending the legal doctrine or by adversely affecting the conclusion of the judgment, on the following grounds: (a) the lessor consented in advance that the victim alleged the Defendant’s infringement of the Defendant’s structure leased the Defendant as Hanwon-gu, Busan (hereinafter “No. 501”) No. 501 (hereinafter “No. 501”).

B. Prosecutor’s assertion 1) misunderstanding the legal principles as to the damage of property and settlement of approximately KRW 40 million between the victim and the lessor in addition to the return of the lease deposit, the victim was entitled to 501 commercial buildings even after the return of the lease deposit, and even if the lease relationship was terminated, the victim actually continued possession, and thus, the Defendant’s damage to the lock due to self-help was illegal even though the victim was not entitled to possess the lock. However, the lower court erred by misapprehending the legal principles and adversely affected the conclusion of the judgment by misapprehending the legal principles.

2) The sentence that the lower court rendered against the Defendant (a sum of KRW 300,000) on the charge of intrusion of a structure is too uneasible and unreasonable.

2. Determination

A. On April 8, 2015, the Defendant, at around 08:00 on April 8, 2015, set up a 501 commercial building which was used by the victim D to set up and lease the said 501 commercial building and infringed upon the building by putting a gate corrected for the interior construction of the said 501, even though the lease contract was not terminated.

2) The lower court found the Defendant guilty of the instant facts charged based on the evidence in its judgment.

(b).