The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 100,000.

The above fines are imposed by the Defendants.

1. The lower court determined that the Defendants did not constitute a crime of intrusion upon residence on the ground that the Defendants went to the instant building rooftop with the implied understanding of F, a building rooftop manager.

However, at the time of the instant case, the Defendants had the intent to enter the rooftop of the building at the time of the instant case and hold a banner and to open a relief for demonstration, and had obtained F’s understanding by hiding the original purpose of the instant case and deceiving F to “to avoid tobacco,” and if F knew the Defendants’ original purpose, the Defendants would rather refrain from entering the rooftop without permission.

Therefore, the defendants' act of entering the rooftop of this case clearly goes against the will of dwellingers, etc., and constitutes a crime of intrusion on a structure.

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to the consent by defective declaration of intention in the crime of intrusion upon residence, which affected the judgment.

2. As to the facts charged in this case that “the defendants jointly intruded on the rooftop of the building in this case against the will of the manager F,” the court below held that the defendants were aware of the fact that the defendants listed on the rooftop as stated in the facts charged, but there was an implied understanding of the manager F with respect to the defendants’ access to the rooftop, so the defendants’ access to the rooftop cannot be deemed to go against the will of the manager of the rooftop of the building, and the understanding of the manager F was by deception or mistake.

Even if it is judged that there is no influence, the Defendants were acquitted.

3. Judgment of the court below

A. The crime of intrusion upon residence is established by taking the residence of a person, a liver dwelling building, or a ship without the consent of the person or the manager of the building, or against the intent or presumed intention of the said person, without any justifiable reason, and such intrusion is peace and public performance.