The defendant shall be innocent.

1. On October 9, 2016, the Defendant: (a) requested on September 5, 2016, the victim D to withdraw from the office of “C” in which he/she is the representative of the building located in Daejeon-gu Daejeon-gu, Daejeon-gu; (b) on September 5, 2016, he/she acquired the ownership of the building through a court auction procedure; (c) but did not comply with such request and did not comply therewith by January 19, 2017.

2. Determination

A. The crime of refusing to withdraw under Article 319(2) of the Criminal Act is a legal interest to protect the peace of de facto dwelling (see Supreme Court Decision 2007Do4082, Aug. 23, 2007). B) In this case, there is no evidence to acknowledge that the injured party commenced or managed possession of the building located in Daejeon Middle-gu, Daejeon.

(c)

Rather, according to the facts charged and the record of this case, even after the injured party was awarded a successful bid for the building B located in Daejeon Jung-gu, the organization of the defendant as the representative has continuously occupied and managed the building.

(d)

Defendant refused to comply with the demand of the victim to leave;

Even if the building of this case was occupied, it cannot be said that it actually harms the peace of residence of the victim who did not possess the building of this case.

3. The instant facts charged constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act.