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Defendants are not guilty.
Reasons
1. The summary of the facts charged is the representative of E who manages the 1st floor above ground and the 2nd floor above ground in Suwon-gu, Suwon-si (hereinafter “instant building”). Defendant B is the head of the management office affiliated with E, and the victim F is the owner of the first floor below the ground of the instant building (No. 101 and No. 102), the third floor above the ground, and the fourth floor above the ground.
The victim filed a lawsuit against the victim against the victim's owner or lessee of the 1st floor and the 2nd floor of the D Building, to remove sewage treatment pipe installed in the first floor parking lot of the D Building underground, which is a part of the victim's exclusive ownership, on September 2, 2016 (2015Na 42282) and rendered a favorable judgment of the Plaintiff to remove sewage treatment pipe at the 1st floor of the D Building and the 2nd floor, and the said judgment became final and conclusive around that time, and the decision was rendered to grant the substitute execution by the Dogwon (G) on May 16, 2017.
Unlike the above judgment and substitute execution decision, the Defendants conspired to remove the pipes for treating sewage directly by them and install new pipes for treating sewage again, and Defendant A instructed Defendant B to perform the above work at a non-displace on May 20, 2017, and Defendant B intruded into the structures managed by the victim without permission from three persons around 15:00 on the same day. From around 15:00 to 23:0 on the same day, the Defendants removed the pipes for treating sewage to remove the pipes for treating sewage and then re- installed the pipes for treating sewage again, thereby hindering the victim’s business operation by hindering the victim’s access to the parking lot for about 8:30 minutes and hindering the victim’s business.
2. Determination
A. In full view of the following circumstances acknowledged by each evidence duly admitted and investigated by this court to the point of intrusion on a structure, the evidence submitted by the prosecutor alone alone constitutes the victim’s structure.