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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal;
A. The Defendant committed an act to prevent losses of individuals and unions due to the evasion of law by the president of D reconstruction and consolidation project association (hereinafter “instant association”), and thus, the Defendant’s act constitutes a justifiable act.
B. The Defendant is also a member of the instant association, and is authorized to enter the partnership office.
Since the above office is operated at the expense of the association members, even if the president of the association is the defendant, the defendant does not have any obligation to respond to it.
2. Determination
A. As to the assertion of self-defense, the Defendant asserted the same as the grounds for appeal on this part in the lower court, and the lower court rejected the Defendant’s assertion in detail by stating the Defendant’s assertion and its decision in detail.
Examining the records in comparison with the evidence duly examined and adopted by the court below, the judgment of the court below is justified.
This part of the defendant's assertion is without merit.
B. On the argument that the defendant does not have a duty to comply with the victim's demand for eviction, the crime of intrusion upon residence and the crime of non-compliance with the escape is the protected legal interest of the crime of de facto peace of residence. Thus, whether the resident or the recipient has a right to live in a building or a liverer, etc. does not depend upon the establishment of the crime, and even if the possession of the person without a right to occupy is the possession of the building, the peace of the residence must be protected. Thus, if the right holder intrudes on the residence or the structure without following the procedure prescribed by the Act
In the case of non-compliance with the Gu, the crime of non-compliance is established.
(See Supreme Court Decision 83Do1429 delivered on April 24, 1984, etc.). We examine the instant case in light of the aforementioned legal principles.
The victim is the legitimate president of the association of this case at the time of the occurrence of this case.