Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

Defendant

A shall be a person engaged in self-business, and the chairman of the “B organization” shall be the chairman.

On August 09, 2019, the Defendant removed, without permission, two banners equivalent to KRW 100,000 won at the market price, where the victim E (the age of 56, remaining) installed on the street in the front of the “D” located in Gui-si C, Gui-si, with the phrase “I am directly voting in our descendants.”

Accordingly, the defendant damaged another person's property and harmed its utility.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. CCTV photographs;

1. An investigation report (Guluri-Viewing Inquiry Meeting) (the defendant recognized the fact that the banner of this case was removed, and the defendant's act constitutes damage to it temporarily by harming the utility of a marina banner (see, e.g., Supreme Court Decision 2005Do6391, Oct. 28, 2005). The defendant asserts that his act is unlawful as a mistake in law. However, according to the evidence duly adopted and investigated by the court, the defendant is only arbitrarily judged whether the banner of this case is subject to removal as illegal advertisements, and there is no objective evidence to deem that the defendant provided accurate information to the public official in charge or sought advice from legal experts, etc., in light of the above, the circumstance alleged by the defendant alone cannot be deemed that the defendant made a serious effort to avoid it (see, e.g., Supreme Court Decisions 2005Do3717, Mar. 24, 2006; 2005Do3717, Mar. 24, 2006).

Although the Defendant asserts that his act constitutes a justifiable act, the Defendant reported at an investigative agency that his act constitutes an illegal banner, but the following day is confirmed, and thus, the banner is left a banner.