The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

1. Summary of grounds for appeal;

A. The Defendant entered into a contract with I to transfer the shares of Company E (hereinafter “E”) (hereinafter “instant contract”) and does not include the transfer of the possession of the factory located in the Gumi-si F (hereinafter “instant factory”) at the seat of the corporation E (hereinafter “the instant contract”), and even after I established H (hereinafter “H”) on September 15, 2015, it was forged by changing the lessee’s name of the instant contract for the instant factory that E is a lessee to H as of July 31, 2015, prior to the establishment of H.

Therefore, the right to occupy the factory of this case still belongs to E in which the defendant is the representative, and H did not lawfully commence the management of the factory of this case, so the defendant's act does not constitute the crime of intrusion on the structure.

B. The defendant's act of entering the factory of this case was kept in the factory of this case.

Since it is necessary to confirm whether to enforce compulsory execution against the movable property owned by E, the defendant's act constitutes a justifiable act.

(c)

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

2. Determination

A. Determination 1 on the assertion of misunderstanding the facts and misapprehension of the legal principles ) Since the crime of intrusion upon residence is a de facto legal interest to protect the peace of residence, whether the resident or manager has the authority to reside in or manage the building, etc.

The establishment of a crime does not depend on the establishment of a crime, and even if a person who has access to the building is permitted due to the relationship with the resident or manager, if the act of entering the residence is committed against the explicit or presumed intention of the resident or manager, the crime of intrusion upon the residence is established (Supreme Court).