All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A 1) The instant partitions installed and owned by the Defendant at the expense, and the Defendant’s removal does not constitute damage.

B) Even if the partition facilities of this case are owned solely by the victim or jointly by the victim and the defendant, the defendant did not have any intention to damage to the defendant, since the victim and the defendant were to own.

C) Even if the constituent elements of the damage of property are recognized, the Defendant was removed at the lessor’s request for restoration to its original state, and thus constitutes a justifiable act.

2) The punishment sentenced by the lower court (one million won in penalty) is excessively unreasonable.

B. Defendant B (1) misunderstanding of the facts and misunderstanding of the legal doctrine (as to the joint residential intrusion), the Defendant did not enter the instant private teaching institute with G.

B) A’s intentional intrusion upon residence was committed on the side of the front door, with the police who confirmed the fact of damage to property and reported it to the police and accompanied by accompanying the police.

shall not be deemed to exist.

C) Even if the defendant's act constitutes a requirement for the formation of a residential intrusion, it constitutes a legitimate act since it was accompanied by the police to investigate the reported case of damage.

2) The punishment sentenced by the lower court (one million won in penalty) is excessively unreasonable.

2. Determination:

A. The lower court’s determination on Defendant A’s assertion of mistake of fact 1) was based on the evidence duly adopted and investigated as follows: (i) there was a need to install partitions in the building of a private teaching institute in which the victim B operated the private teaching institute in around 1995; and (ii) in light of the fact that the Defendant, his spouse, purchased materials together with the victim and installed the instant partitions, the instant partitions are owned by the victim solely or at least by the Defendant.