The defendant's appeal is dismissed.

The summary of the grounds for appeal (the factual errors or the misapprehension of legal principles) is that the banner cut by the defendant in the knick knife (hereinafter “the banner of this case”) falls under an illegal banner which is not attached to the designated bulletin board managed by the local government and has no legitimate utility value or an unauthorized object whose ownership has been renounced, and thus, it cannot be the object of the crime of causing property damage as provided in Article 366 of the Criminal Act. Thus, the judgment of the court below which found the defendant guilty of the facts charged of this case by misapprehending

The removal of the banner of this case, which could interfere with pedestrians or drivers' view and cause accidents, constitutes a justifiable act under the Criminal Act and thus constitutes a justifiable act. However, the court below found the defendant guilty of the facts charged of this case. In so doing, the court below erred by misapprehending the legal principles on the legitimate act.

Judgment

Property as a object of the judgment on the first argument of the defendant is not necessarily required to have an economic exchange value, and there is sufficient use value or subjective value as property.

In addition, as long as property is in the crime of causing damage to property under the Criminal Code, it cannot be said that it is an illegal advertisement or a illegally posted object installed on the roadside without permission, it cannot be an object of the crime of causing damage.

(See Supreme Court Decision 9Do899 delivered on June 22, 1999, etc.). According to the evidence duly adopted and examined by the court below, the court below acknowledged the fact that E had attached the instant banner to the long distance of Yongsan-gu Seoul Yongsan-gu Office for policy promotion, and the defendant cut the banner in a knife with a knife, and the defendant cut the banner to the police station on October 16, 2012 by the assistant member F of the E National Assembly member to request the investigation to the police station on October 16, 2012. The above facts are examined in light of the legal principles as seen earlier.