A. It was true that the Defendant destroyed the key of the entrance door of the instant house after the execution of the extradition order as stated in the judgment of the court below. However, the execution of the extradition order, which was made by the Defendant without the presence of the Defendant, was unlawful even though the Defendant requested the participation of the enforcement due to the risk of loss of important things as a resident of the instant house prior to the execution of the extradition order, and the Defendant was waiting to leave the site until the entrance, and there was no intention to infringe the effectiveness of compulsory execution since the Defendant’s key was damaged by hearing the speech from the staff of the attorney-at-law office who participated in the instant case, “if the execution

B. The sentence of a fine of one million won imposed by the court below on the defendant is too unreasonable.

2. Determination

A. Contrary to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, even if an execution officer conducted without the Defendant’s participation in the process of executing the extradition order of this case, it cannot be deemed as an unlawful compulsory execution.

(A) Even if there were some unfair enforcement parts in the course of the compulsory execution, it is not allowed to make the entire execution into the state before the execution, denying the validity of the entire execution. In addition, in the infringement of the validity of real estate compulsory execution, it is sufficient to recognize that an intentional act in the infringement of the effectiveness of real estate execution would intrude into the real estate delivered by the compulsory execution or cause any other consequence to impair the effectiveness of the compulsory execution by other means. Accordingly, according to the evidence duly adopted and investigated by the court below, the defendant recognized that the execution of the delivery order would impair the effectiveness of the execution of the delivery order concerning the housing of this case delivered to F after the completion of the delivery order by destroying the key to the entrance of this case.