The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. In fact, the Defendant, as an employee of the construction company, excluded measures to secure access roads to the construction site, and did not cut the victim’s electric wires, and even if so, instructed the Defendant to cut the victim’s electric wires.

Even if the defendant believe that the above electric line is owned by the construction site adjacent to the building site and cut it with his consent, there is no intention of damage.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, the lower court: ① F, a director for the management of the contractor, demanded the Defendant to cut the victim’s electric wires; and the Defendant was also at the construction site at the time when electric wires were cut off.

In consideration of the fact that there was continuous dispute over the right of retention, such as claiming the right of retention against the construction site, the defendant not only ordered the victim to cut the electric wires but also recognized the fact that the said electric wire was aware that the victim was the victim.

Therefore, the defendant's assertion of facts is without merit.

B. In the event that the Defendant did not agree with the victim and the amount of damage caused by the Defendant’s destruction reaches approximately KRW 1.2 million, the Defendant did not go through lawful legal procedures and did not in his/her own discretion remove the illegal state.

However, the Defendant, as an employee of the company, cut the electric wires connected to it in the process of removing the loaded containers without disregarding the decision of the disposal of the legitimate construction prohibition, and took certain measures to remove the containers, such as posting a notice box to remove the containers, and there is no criminal history.

record. Other records.