The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)

A. misunderstanding of facts, misunderstanding of legal principles, 1) The Defendant was merely making the victims walk up with a banner (hereinafter “instant banner”) which the victims go, and did not harm the effectiveness of the instant banner itself.

Therefore, the defendant cannot be deemed to have damaged the banner of this case.

B) At the time of the instant case, the victims continued to walk a banner and damaged the reputation of the company operated by the Defendant, and the employees of the Gu office in receipt of the Defendant’s report did not remove the banner due to the interference of the victims, and the Defendant was demanded from the side of the Cschool, the contractor, to remove the banner set up by the victims. The Defendant was forced to cut or cut the banner of the instant banner inevitably as the last means to resolve these circumstances. Accordingly, the Defendant’s act constitutes an act that does not go against the social rules, and thus, the illegality is excluded in accordance with Article 20 of the Criminal Act. (ii) The Defendant involved in the destruction of special property was only used as a tool to cut the banner of the instant banner, and there was no purpose to threaten it. Therefore, the improvement is not a dangerous object.

Therefore, it cannot be deemed that the defendant carried dangerous objects and destroyed the banner of this case.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (limited to four months of imprisonment, two years of suspended sentence, and 80 hours of community service order) is too unreasonable.

2. Determination

A. As to the assertion that the Defendant did not harm the utility of the instant banner itself, the crime of destroying and damaging property under Article 366 of the Criminal Act is established when the Defendant damages or conceals another’s property or impairs its utility by other means.

Here, it means that the property can not be used for its original purpose in fact and appraisal.