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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles 1) Entry and exit forms were established by the defendant, and the defendant was removed.
Even the crime of damage to property is not established.
2) At the time, the Defendant requested the victim to inform the victim of the entrance door password, since there was no mother who is deemed to have been living earlier at the time.
In this case, because the victim fails to notify the password of it, he/she inevitably removed the entrance door, he/she is responsible for self-help or legitimate act.
B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, the defendant argued the same purport in the court below, and the court below held that the defendant's act constitutes property damage since the defendant, B and their children resided in the building of this case at the time of establishment, and the entrance door of the first third floor was opened in the key, but the plaintiff was replaced by the instant fishing village of this case with a number convenient for convenient use due to inconvenience. Accordingly, the fishery of this case is deemed to fall under the joint ownership of the defendant and the victim's property acquired while the defendant and the victim live as a couple, and the other's property, which is the object of the crime of damage to property, includes not only the exclusive ownership of others, but also the joint ownership of others.
Examining the judgment of the court below closely by comparison with the records, the judgment of the court below is just and it is erroneous in the misunderstanding of facts or misunderstanding of legal principles in such judgment of the court below.
shall not be deemed to exist.
The above assertion by the defendant is without merit.
2) The act of self-help under the Criminal Act is deemed to be an act of self-help under the judgment on the assertion that the act constitutes a justifiable act
(b)" means;