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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The Defendant asserts a misunderstanding of facts and the Defendant asserts that the FF Co., Ltd. (hereinafter “C”) paid the full amount of the construction cost to the FF Co., Ltd. (hereinafter “F”) with respect to the new construction of the main complex building D (hereinafter “the instant building”) on the ground of the original city in the original city, and possession of the instant building constitutes an illegal possession. The Defendant’s act as described in the facts charged in the instant case constitutes a justifiable act under Article 20 of the Criminal Act, which is aimed at restoring the possession of F’s deprived of possession. As such, the Defendant’s act as described in the facts charged in the instant case constitutes a justifiable act under Article 20 of the
The punishment (three million won of a fine) imposed by the court below on the defendant by asserting unfair sentencing is unreasonable.
Judgment
First of all, according to the evidence duly adopted and examined by the court below and the trial court, it is recognized that C and F agreed on the settlement of the construction cost of the building of this case around July 20, 201, which was after the crime of this case. According to the above facts of recognition, F have the claim for construction cost against C at the time of the crime of this case, and F's lien on the building of this case is recognized. Thus, the defendant's assertion that F's possession constitutes illegal possession is without merit.
Next, the right of self-defense of the possessor under Article 209(1) of the Civil Act is recognized when there is a danger of deprivation or disturbance of the possession without the deprivation of possession. The right of self-defense of the possessor under Article 209(2) of the Civil Act can recover possession with his own means within the limited limit at the time when the possession is deprived (see, e.g., Supreme Court Decision 91Da14116, Mar. 26, 1993). In a case where the act of self-defense or the act of deprivation of possession constitutes self-help under the Civil Act, Article 20 of the Criminal Act is provided.