The defendant shall be innocent.

The summary of the facts charged in the instant case is as follows: “The Defendant destroyed the above banner on the ground that, from around 05:00 on November 10, 2016 to around 06:59, the victim E (V, 50 years old) parked a vehicle in order for the victim E (V, 50 years old) to conduct a demonstration in Guro-gu Seoul Metropolitan Government, and then remove one banner equivalent to KRW 320,000 of the market price installed on the said vehicle and posted a false fact on the said building.

“” is:

The hand of the crime of homicide and destruction requires the destruction or loss of the original utility by exercising the power of direct force on all or part of the property or documents, and thereby causing the destruction or loss of the material or physical damage to the original utility, and does not affect the object itself, and it does not constitute damage to the function of the property. As such, it is difficult to view the act of the Defendant by removing the banner as above as above as a material or physical damage by exercising the power of direct force on the banner itself, and there is no evidence to prove that the Defendant destroyed the banner only by the evidence submitted by the prosecution.

In addition, even if the above act of the defendant, even though it constitutes damage, it is written in the above banner that may harm the reputation of the victim or undermine the social evaluation of the victim. This constitutes an infringement of the legal interests of the victim. Therefore, it is reasonable to view that the defendant's act of keeping the above banner in so-called an act to defend such infringement as a legitimate ground for the motive or purpose of the act, reasonableness of the means or method, balance of the legal interests of the means or method of the act, protection interest and infringement, urgency, supplement, etc., and is determined under Article 20 of the Criminal Act and is not contrary to the good social rules.

If so, the facts charged of this case are not proven, or they are not committed.