The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant leased the instant warehouse to the victim, but cancelled the lease contract, and thereafter leased the instant warehouse to E.

Therefore, the judgment of the court below that held that the victim, not E, actually occupied and managed the warehouse of this case is erroneous.

In addition, the defendant was aware that the warehouse of this case was occupied and used by E, and opened the locks of the warehouse of this case with the consent of E, and came to enter the warehouse of this case. Thus, there was no intention to commit the crime of this case.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous.

B. The sentence of the lower court (an amount of KRW 1,00,000) that is unfair in sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

(a) Whether the manager has the right to reside or manage a structure, since the crime of intrusion upon residence is a de facto legal interest to protect the peace of the dwelling; and

The establishment of a crime does not depend on the establishment of a crime (see, e.g., Supreme Court Decision 94Do336, Sept. 15, 1995); even if the possession of an unrelated person is the possession, its peace should be protected. Thus, even if the right holder intrudes on a structure by means of self-help as a result of the exercise of the right (see, e.g., Supreme Court Decision 85Do122, Mar. 26, 1985). (b) The defendant has a conflict with the victim, F (victim) and E in regard to the warehouse of this case, which is an unregistered building.

Accordingly, on September 5, 2018, the Defendant filed a lawsuit against the victim, F, and E seeking the transfer of the warehouse of this case (Seoul District Court Decision 2018Gadan 2193), and the said court held on January 15, 2019 that the Defendant did not acquire the ownership of the warehouse of this case.

On the other hand, a judgment was rendered to dismiss all the defendant's claims.

The defendant appealed (the Gwangju District Court 2019Na 51351), and the above court on December 12, 2019.