The prosecutor's appeal is dismissed.

1. The judgment of the court below which acquitted the defendant on the ground that the defendant's act does not constitute a justifiable act because the defendant's act cannot be deemed to constitute a reasonable act because of the reasonableness, urgency, and supplement of means and methods. There is an error of law by misunderstanding the facts or by misunderstanding the legal principles

2. Determination

A. The summary of the facts charged was affiliated with D and was the management director of the Gu E Commercial Building in Ansan-si.

The former president was dismissed due to the problem of embezzlement of commercial management expenses and parking expenses, etc., and the latter president was newly appointed on September 2014.

The Chairperson notified the termination of the consignment management contract to D to which the defendant belongs.

However, in D, the Court continued to possess the above management office, stating that “the contract term remains and it is possible to terminate the contract only if there is a legitimate procedure, such as an express lawsuit.”

In this regard, the prosperity newly organized association entered into a contract with F with the entrusted management affairs, and the F's employees occupied the above management office and guard room using the gap.

Under the above circumstances, the Defendant, at around 09:40 on May 14, 2015, set off the joint entrance knobs of the owners of E commercial buildings set aside to enter the above management office, and damaged the repair cost to approximately KRW 660,000.

B. The lower court determined, based on the evidence duly adopted and examined by the lower court, concluded an entrustment management contract with the period from May 1, 2014 to April 30, 2016 by the E Commercial Organization D and the period from April 30, 2014; and ② G was appointed as the president at the E Commercial Organization’s meeting held on May 29, 2014 at the E Commercial Organization’s meeting held on May 29, 2014.

6. The facts of assuming office 30.30. G: (3) around October 2014, by taking into account the embezzlement, etc. of Defendant’s management expenses, and notified D of termination of the consignment management contract; (4) Nevertheless, D’s management duties are continued until the occurrence of the instant case; and (5) F.