All appeals by the Defendants are dismissed.

1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

A. The victim did not lawfully commence possession of the instant officetel J, and since the victim started possession as an employee to carry out the business of selling in lots and leasing the said officetel, there is no peace in residence in fact protecting the crime of intrusion upon residence.

B. Defendant C merely sealed the victim to prevent the door door door of the instant officetel from being closed, and thereby did not intend to enter the residence, and the remaining Defendants’ body did not intrude into the said room. As such, Defendant C did not have an intention to intrude into the said room.

C. The Defendants committed the instant act as part of legitimate management in order to prevent damage to victims’ illegal deprivation of occupation as employees of law firms delegated with management duties by the owner of the instant officetel J, and thus, constitutes a justifiable act.

2. Determination

A. The crime of intrusion upon residence is a matter of protection and protection of the law, since the crime of intrusion upon residence is a de facto residential peace and protection of the law, the issue of whether the dwelling person or guard has a right to reside in the building, etc. does not depend on the establishment of the crime, and even if the occupation of the person who has no right to possess is a possession, peace of the dwelling should be protected. Thus, if the right holder intrudes on the building without following the procedure prescribed by the law in executing the right, the crime of intrusion upon residence

(See Supreme Court Decision 2006Do3137 Decided July 27, 2007). According to the evidence duly adopted and examined by the court below, the following facts are as follows: ① With respect to the instant officetel J, a limited liability company D completed the registration of transfer of ownership based on trust to E corporation on the same day after completing the registration of transfer of ownership on July 31, 2012.