The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (deficiencies or misapprehension of legal principles) had been constructed without the permission of the management body or lessor of the instant commercial building, which is an aggregate building. In order to maintain the safety of the entire commercial building of this case, the Defendant, who is the person in charge of management of the instant commercial building, notified the victims of restitution to their original state and did not implement the measures. Such measures were inevitably taken on the ground that the owner of the instant commercial building did not pass a resolution at the general meeting but did not pass a regular procedure, and thus, the Defendant’s act does not constitute a crime or constitutes a legitimate act.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding guilty of the facts charged in this case.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated in the lower court’s judgment, the lower court’s judgment that found the Defendant guilty of the facts charged in this case is justifiable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the Defendant.

Although part of the part of the victim's construction falls under the section for common use of the commercial building of this case, even if so, since the measures for cutting-off against the tenant of the commercial building are very compulsory measures to cause damage therefrom, it is necessary to make clear grounds in taking such measures, and carefully examine whether there is no other means than the victim's consultation with the victim, and whether there is any other means less than the victim's damage, and the appropriate procedures should be followed.

B. However, in November 2010, the management rules cited by the Defendant as the ground for the instant measures do not have been resolved at the general meeting of the owners of the instant commercial buildings.