A. The summary of the facts charged of this case which the court below found guilty is as follows.

The defendant is a person who has been awarded a successful bid for a reasonable district C site at the Cheongju-si.

On November 21, 2014, the Defendant: (a) around the building wherein the victim E (65 years) was living in Cheongju-si, considerable area D and C, and around November 21, 2014, on the ground that the Defendant partly infringed on the successful bid site, the Defendant damaged the Defendant’s housing part walls (2m in width, 2m in length) owned by the victim under the above C to cover approximately KRW 1,50,000,000 for the repair cost by using a lush.

B. As to the defendant who purchased the land in the auction procedure under the summary of the grounds for appeal by the defendant, E is only obligated to leave without permission to occupy the above ground building, and is not the owner of the above building.

Dor, the defendant thought that the above building was not registered and that there was no owner of the building because it was an unauthorized building.

The defendant did not have an intention to damage another person's property in destroying part of the above building.

Therefore, the judgment of the court below convicting the above facts charged is erroneous in the misapprehension of facts.

2. Although the lower court also asserted the same purport as the above grounds for appeal, the lower court rejected the Defendant’s assertion on the premise that the building destroyed by the Defendant is owned by E.

Since the ownership of land and buildings is treated separately in our legal system, it is difficult to acquire the ownership of the above ground building together with the purchase of land in the auction procedure.

Although the Defendant purchased land in the auction procedure, the record related to the auction is that a building excluded from the auction procedure is set up on the ground of the land subject to the auction, and its owner and possessor clearly stated that E is the owner and possessor (107 pages of investigation record). A building is an unauthorized building or is registered for the preservation of ownership.