The judgment of the court below is reversed.

The sentence of punishment shall be suspended against the Defendants.

1. Summary of grounds for appeal;

A. Defendants 1) In fact, the 2th floor or 8th floor of the teururgy building A and the eurgy (hereinafter “the eurgy site, etc.”) are public places permitted to access by the general public, and the Defendants do not constitute a crime of intrusion on structures insofar as they entered the eurgy area, etc. of this case by normal means.

2) misunderstanding of the legal principles, even if the Defendants’ act constitutes infringement on a structure, this constitutes a justifiable act as prescribed in Article 20 of the Criminal Act, since it was urgently undertaken to resist the anti-humanity of the agreement entered into between the Government of the Republic of Korea and the Government of Japan.

3) The punishment of the lower court against the Defendants (a fine of KRW 500,000) is too unreasonable.

B. Each sentence imposed on the Defendants by the Prosecutor is too unhued and unreasonable.

2. Determination

A. Even though the Defendants’ assertion of misunderstanding of facts is permitted by ordinary people’s entry, if the Defendants entered the building against the explicit or presumed intent of the manager, then the crime of intrusion on the building is established (see, e.g., Supreme Court Decisions 95Do2674, Mar. 28, 1997; 2006Do7079, Mar. 15, 2007). In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, even if the Defendants did not have access to the building at the time of entering the place of farming, etc. of this case by the victim E.S. (hereinafter “victim”)’s employees at the time of entering the place of farming, etc. of this case, the Defendants may be deemed to have infringed on the building of this case against the presumed intention of the victimized company.

1) The Japanese Embassy and consulates, which are the subject of the collective claim of the Defendants, are located in the eight to eleven floors of the teurgy Building A (hereinafter “instant building”) among the buildings in this case.

The manager of the building of this case has moved in.