The defendant's appeal is dismissed.

1. In so determining, the court below erred by misapprehending the legal principles and misunderstanding facts for the following reasons, which found all of the facts charged in this case guilty.

A. The Defendant did not have damaged the victim’s property indicated in the facts charged of the instant case (hereinafter “instant property”).

B. The Defendant, as a liquidator of C Co., Ltd. (hereinafter “C”), was affiliated with the above building in order to enhance the objective value of the above building by obtaining delegation from the owners of 101-136 and 137 (hereinafter collectively referred to as “instant building”) among the first floor of the building in Seo-gu Incheon, Seo-gu, Incheon, for the management of the building of this case from the owner of the building of 101-136 and 137 ( collectively referred to as “the building of this case”), and making the building into a usable state according to the delegated duties, etc.

(c)

B. The above act by Defendant Doese constitutes a justifiable act because it is reasonable that such act is permissible in light of social norms, and thus, illegality is excluded.

2. Determination

A. First, we examine whether the Defendant was aware of the damage to the instant property and the intention to intrude the instant building.

1) Since the crime of intrusion on a structure is a legal interest in protecting the de facto state of possession, if an injured person occupied and managed the building, it does not interfere with the establishment of the crime even if the building was owned by the Defendant (see, e.g., Supreme Court Decisions 2015Do1702, Jul. 14, 2016; 2007Do9873, Feb. 28, 2008). Furthermore, the crime of intrusion on a structure is a legal interest in protecting the peace and peace of the structure that is managed. As such, whether the manager has a legal legitimate authority to manage the structure does not depend on the establishment of the crime, but is an illegal possession under private law without a legitimate title.

possession, unless such possession is unclaimed by due process, is below its possession.

In this case, this is followed.