The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence 1, 2, and 3 shall be confiscated.

1. Summary of grounds for appeal;

A. The Defendant, as stated in paragraph (2) of the facts constituting the crime in the judgment of the court below, went to the “Dmoel” rooftop, and opened the entrance of the mechanical room (the elevator room; hereinafter the “instant mechanical room”) located in that place, and without any particular consideration, entered the mechanical room in this case other than the related persons, and therefore, he did not have any intention to intrude into the structure, and requested the Defendant to present his identification card to the victim E after the victim E did not intend to go to go against the victim. The Defendant was suspected of not having been the victim, and it was just the victim's “Dmoel”, even if there was no intention to interfere with management affairs, the court below convicted the Defendant of each of the facts charged in this case by misunderstanding the facts.

B. At the time of the occurrence of the instant crime of intrusion on the structure, injury, and obstruction of business, the Defendant was in a state of mental and physical disability due to the administration of culphon.

C. The sentence imposed by the lower court on the Defendant (one year and two months of imprisonment, confiscation, and additional collection of 100,000 won) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant intrudes the structure of the instant mechanical room managed by the operator of the "Dmoel" through the employees of the Mour and the elevator controlled entity, etc. against the explicit or implied intent of the manager, as stated in paragraph (2) of the facts constituting the crime in the judgment of the court below. While the victim E, who is an employee of the Mour, was working or carrying the elevator circuit board, etc. in the instant mechanical room, he did not have the instant mechanical room as part of the Mour management.