The defendant's appeal is dismissed.

1. The defense counsel’s written opinion submitted after the deadline for submitting the summary of the grounds for appeal shall be examined to the extent that it supplements legitimate grounds for appeal specified in the reasons for appeal filed on November 5, 2019.

A. At the time of the instant case, the ownership, possession, and management authority of the instant housing was jointly reverted to the Defendant and the punishment, and the victim B managed the instant housing solely.

Therefore, the defendant is not guilty of refusing to leave.

B. Since ordinary traffic obstruction even after the instant case, vehicles and agricultural machinery passed through as a tugboat, it is not impossible or considerably difficult for the Defendant to pass due to the Defendant’s act.

(c)

The fact that the victim G visited the relevant place on the relevant date was not for the work of solar power plant construction, but for confirming the real estate situation under the knowledge that the lease contract for the site of this case is terminated.

This does not correspond to the duties to be protected by interference with duties.

(d)

Despite the fact that the lease contract for the land of this case has been terminated, the installation of a boundary mark on the part of the victim H constitutes a tort, and the defendant is inevitably extracted for the exclusion of disturbance, so it constitutes an emergency escape.

Since the defendant is in custody and is scheduled to return the boundary sheet removed by him, there is no intention of damage.

2. Determination

A. 1) The lower court’s determination that the Defendant did not comply with the withdrawal order was the same as the grounds for appeal on this part at the lower court, and the lower court continued to reside or manage the instant house until the time of the instant case after the Defendant and the Victim B died, comprehensively taking account of the evidence of this case.

It is reasonable to see that the crime of refusing to leave is a de facto legal interest to protect the peaceful dwelling, and even the defendant is the house of this case.