The judgment below

The guilty portion shall be reversed.

The Defendants are not guilty. The summary of the judgment of innocence against the Defendants.

1. As to the violation of the Punishment of Violences, etc. Act (damage, etc. to joint property) among the facts charged in the instant case, the lower court acquitted the Defendant as to the violation of the Punishment of Violences, etc. Act (joint residential intrusion).

However, the Defendants appealed only to the guilty portion, and all the Defendants and the Prosecutor did not appeal to the acquittal portion, so the judgment of the court below is finalized separately, and only the guilty portion is subject to the judgment of this court.

2. In light of the fact that the Defendants had the authority to manage the instant building, and the elevator repair process led to the removal and replacement of the elevator emergency call system and the entrance lock locker system on the rooftop side while repairing the elevator, the act as described in the facts charged by the Defendants does not constitute a crime of damage to joint property or constitutes a legitimate act.

Although the reasoning for appeal submitted by the Defendants by their defense counsel does not state “misunderstanding of the legal principles as to the lawful act” as the grounds for appeal, in light of the contents and purport of the statement at the trial court of the Defendants and their defense counsel, it appears that the appeal is based on the grounds of appeal.

However, the lower court erred by misapprehending the legal doctrine regarding the lawful act or by misapprehending the legal doctrine regarding the finding of guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

3. Determination

A. The summary of the facts charged is that Defendant B is an executive of F in the 6th floor of the Daegu Jung-gu E building (hereinafter “instant building”), and Defendant C and A are directors of G Co., Ltd. (hereinafter “G”).

On February 10, 2015, Defendants jointly request elevator staff members, etc. from the instant building owned by Jung-gu, Daegu-gu, Daegu-gu, to set up and manage the instant elevator by the representative I of the victim H Co., Ltd. (hereinafter “H”)’s representative, J (Management Director of H).