The judgment of the court below is reversed.

Defendant is acquitted. The summary of the judgment of this case is publicly notified.

1. Summary of grounds for appeal;

A. Legal principles (1) The act of residence of the defendant stated in the facts charged in the instant case constitutes grounds for excluding illegality of self-defense, emergency evacuation or self-help in order to oppose illegal intrusion against the defendant's right to residence.

(2) The facts charged in the instant case are identical to, or are based on, facts identical to, the facts charged of the instant case involving obstruction of business with the Suwon District Court Sung-nam Branch, which was rendered final and conclusive upon a verdict of innocence by the Defendant upon the judgment of innocence, and thus, the judgment of acquittal should be pronounced on the facts

(3) The place where the defendant resided does not constitute a building, vessel, aircraft, or occupied room managed by the person prescribed in the crime of non-compliance with the eviction by park events in the apartment.

Therefore, the defendant is not guilty of non-compliance with the eviction.

(4) Nevertheless, since the court below found the Defendant guilty of the facts charged in this case, it erred by misapprehending the legal principles as to the grounds for rejecting illegality, acquittal judgment, and non-compliance with the removal order.

B. The Defendant omitted in judgment at the lower court.

Although all of the legal arguments stated in the Paragraph, the court below erred by omitting judgment since it omitted judgment.

C. The sentence imposed by the court below on the defendant (or four months of imprisonment, one year of suspended execution, and one year of probation) is too unreasonable.

2. Determination

A. The summary of the facts charged in this case and the summary of the judgment of the court below in the facts charged in this case, and the defendant resided from around July 20, 1996 to around July 20, 2012 in the Sungnam-gu Seoul Metropolitan City, Sungnam-gu, Seoul Metropolitan City, 608 Dong 1405, and the apartment management office's complaint was enforced on July 20, 2012 and went into the above apartment complex on July 20, 2012 on the ground that he was delinquent in paying the apartment rent and management fee from D, who was the complainant of the apartment management office's complaint, the defendant was living in the park sperm in the above C apartment complex.