Defendant shall be punished by a fine of 200,000 won.

The above fine shall not be paid by the defendant.

2. The judgment of the court below on the assertion of mistake of facts or misapprehension of legal principles stated the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim stated in the police that “the defendant did not give any notice while removing the instant pent,” and the defendant also stated in the police that “the victim would move the sperm on the instant land at the time of installing the instant pent, and not directly at the time of moving the pent, but he did not go through K with the victim’s knowledge (Evidence No. 18, 19 of the evidence record).” The victim’s husband stated that “the defendant would remove the pent in this case directly on the part of the victim’s pent,” and that “the victim’s husband I would have expressed that the Defendant would remove the pent in this case’s land at around May 2013, the victim’s her husband installed the instant pent with the Defendant’s property on his own property.”

In light of the following facts: “The Defendant asserted that there was a dispute between the Defendant and the injured party regarding the ownership of sperm (the 60 pages of the evidence record)” (Evidence No. 57,58 pages) and the written agreement made between the Defendant and the injured party after the instant case, it cannot be deemed that the Defendant removed the instant pents with the victim’s implied understanding or consent in order to move sperm, and the Defendant removed the instant pents and made their effects effective.