The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the Defendants.

1. The summary of the grounds for appeal (the warehouse stated in paragraph (1) of the crime committed in the judgment of the court below is not included in the grounds for appeal, but is charged with the fact that the defendant intrudes into "a structure managed" rather than "a human habitation" according to paragraph (1) of the crime of the judgment of the court below.

Therefore, the above argument is not judged differently.)

The sentence of the lower court (each fine of KRW 500,00) is too unreasonable.

2. Determination ex officio as to the violation of the Punishment of Violences, etc. Act (joint residential intrusion) among the facts charged in the instant case

A. The summary of the facts charged is that Defendant A is the owner of D and E land at the time when he/she resides in the office of the Foundation C, and Defendant B is the secretary general of the above Foundation, and the victim F is the owner of an unauthorized warehouse installed on the ground D and E (hereinafter “the instant structure”). From August 2016, Defendant A and the victim were in the process of filing a lawsuit for removal of the said structure and delivery of the land.

On July 27, 2016, Defendants jointly opened a door that did not correct the instant structure installed on the ground D or E at the time of stay at around July 27, 2016, and invaded upon the structure managed by the victim.

B. 1) We examine ex officio prior to the judgment on the grounds of appeal as to whether the subject matter of the crime of intrusion on a structure, which is “a structure managed” by the instant structure.

2) The term “management” of a structure, etc. refers to having human and physical facilities capable of preventing unauthorized intrusion by another person, which can be assessed as having de facto control and management by a person.

On the other hand, the burden of proof for the facts charged in the criminal trial is to be borne by the public prosecutor, and the conviction is to be proved by evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt.