The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is a person who asserts the right of retention for the composite apartment C (hereinafter “instant apartment C”) in Daejeon Jung-gu, Daejeon.

However, the above apartment house was leased from E to the victim as the owner of D without compensation and resided therein.

On December 9, 2015, the Defendant removed the key repairer from the entrance door to claim that he was the person who has the right of retention, and entered the door and moved back the victim’s household tools to the outside.

Accordingly, the defendant has harmed the utility of another person's property, and infringed upon the victim's residence.

2. Determination

A. A person who de facto controls an object has possessory right (Article 192 of the Civil Act). Since the possessor can defend himself/herself with his/her own means against an act of unjustly depriving him/her of his/her possession or interfering with it (Article 209 of the Civil Act). Thus, in cases where a possessor’s act of withdrawing from his/her possession constitutes the possessor’s right to relieve himself/herself, illegality is excluded as a justifiable act stipulated in Article 20 of the Criminal Act (see, e.g., Supreme Court Decision 2009Do810, Nov. 24, 201). Meanwhile, the possessor did not have

Even if the possessor actually controls the possession of the object, the possessor can exercise the right of self-help as above.

It is reasonable to view it.

B. According to the evidence duly adopted and examined, the victim stated to the effect that the victim had been exercising the right of retention as an assistant in possession before residing in the building with the consent to the use of the building from the Dispute Settlement Bank E, which was awarded a successful bid of C around July 14, 2015. However, the defendant removed the key repairer from the door, which was corrected in C, and then the victim had the lien holder with respect to subparagraph C by December 9, 2015, changing the victim’s temporary tool to the outside and changing the password of the entrance.

The occupation assistant, such as F, in fact, has been under the victim's control.