All appeals by the Defendants are dismissed.

1. The summary of the grounds for appeal, G Co., Ltd. and F Co., Ltd., the managing director dispatched by the said company, are not entitled to manage Dtels (hereinafter “instant officetelss”). While Defendant A is the representative of the managing body of the instant officetel1 complex. Defendant B is the managing office dispatched by the E Co., Ltd. which entered into a management body of each of the instant officetels complex and a building management service contract with the E Co., Ltd., and is entitled to enter or manage the section for common use of the instant officetels. Thus, the Defendants’ act does not constitute crime of interference with business, intrusion on buildings, and damage to property, and each of

Even if it is a legitimate act, there is no illegality.

2. Determination

A. The judgment of the court below held that the crime of intrusion upon residence is established even when the right holder intrudes a structure as a means of self-help, since the crime of intrusion upon residence is a de facto residential peace and protected legal interest, so the issue of whether the resident or the recipient has a right to live in the building, etc., or not does not depend on the establishment of the crime, and even if the possession of the non-right holder is an occupation, the peace of the residence should be protected. Thus, even if the right holder intrudes on the structure as a means of self-help,

Even if the crime of intrusion upon a building does not interfere with the establishment of the crime of intrusion upon a building, and the following circumstances, namely, ① the Defendants’ act is difficult to evaluate the Defendants’ act as a legitimate act, regardless of whether the Defendants are entitled to manage the instant officetel, by taking into account the following circumstances: ① the Defendants’ act is relatively late, around 17:00, or around 21:30, or between 04:00 and 06:00, the new wall hour, and then arbitrarily replaced the entrance door of the management office, etc. by using several persons; ② there is no urgent need to urgently replace the keys.