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The defendant's appeal is dismissed.
Reasons
1. At the time of the instant case, the Defendant, at the time, was unable to receive the lease deposit for the Gwangju City Warehouse from the injured person, was in possession of the Defendant with locking the D warehouse (hereinafter “instant warehouse”). Around May 2017, the broker H also visited to view the intermediary at the victim’s request, and verified the above possession of the Defendant.
Meanwhile, although the Defendant sent the victim a certificate of the content that “the Defendant was unable to store the horse warehouse on March 2017, it was the purport that the Defendant did not carry the said B warehouse.”
However, the judgment of the court below which found the defendant guilty on the ground that the act of entering the warehouse of this case which the defendant possessed by himself at the time of this case was detrimental to the peace of the building was erroneous as a fact-misunderstanding.
2. Determination
A. The lower court, based on the evidence duly adopted and examined by the lower court, consistently stated the following circumstances: (i) the victim left the warehouse of this case from March 2017 to the court of the lower court and consistently stated that “the lease on this part was terminated by the Defendant leaving the warehouse of this case on or around March 5, 2017; (ii) the Defendant also stated that “the Defendant was unable to leave the warehouse at the end of March 2017; and (iii) he was already handed over the warehouse of this case at the time of the non-return of the leased deposit; and (iv) the certified broker G and the brokerage assistant were also identified at the victim’s request on May 2017 and did not open the warehouse of this case without leaving the space.”
Comprehensively taking account of the facts stated, the lease agreement on the above warehouse was terminated on March 2017 and delivered to the victim.
Therefore, the defendant is found to have invadedd the above warehouse without permission as stated in the facts charged of this case, and thus guilty of the above facts charged.
(b) Determination of the Committee’s deliberation;