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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be suspended from a sentence of punishment.
Reasons
1. Summary of grounds for appeal;
A. At the time of the instant case’s assertion of mistake of facts by Defendant B, Defendant B is the manager of the instant building; Defendant A is not the manager of the instant building, but the manager of the instant building; Defendant A was a person who obstructed the management of Defendant B; the entrance up to the second floor was already set off, and did not instruct Defendant B of the poster as detached.
Nevertheless, the court below found Defendant B guilty of the facts charged in this case, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.
B. Defendant A’s act by asserting the misapprehension of the legal principles of Defendant A constitutes legitimate act as self-defense or arrest of flagrant offender.
Nevertheless, the lower court found the Defendant guilty of this part of the conjunctive charges, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
C. The sentence (Defendant B: a fine of KRW 1.5 million, Defendant A: a fine of KRW 1.5 million) imposed by the lower court on the Defendants’ assertion of unfair sentencing is too unreasonable.
2. Determination:
A. The following circumstances acknowledged by the court below as to Defendant B’s assertion of mistake of facts, namely, ① the building of this case, which is the third basement and the 11st floor above the ground, was owned by M&A, the representative director. Defendant A sold part of the basement floor, the 1,2, and the 4th floor at the auction procedure on August 26, 201. On December 23, 2011, the successful bidder opened an inaugural general meeting of the management body and appointed Defendant A as the manager. From around that time, the above Defendant managed the 1 and the 2th floor above the building of this case, and continued disputes with N&A, and ② Defendant B, as the representative director of the management company managing the building of this case at the court below, stated that Defendant B corrected the entrance door up to the 2nd floor (the second floor), and ③ Defendant H’s instruction at the court below.