The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

Article 1-2 of the Criminal facts of the lower judgment (Article 1-2 of the lower judgment)

The Defendant’s ground of appeal on December 19, 2012 (hereinafter “the instant ground of landscaping”) is not an object on the land of the Asia-si (hereinafter “C”) in which the victim D acquired ownership through voluntary auction, but rather on the land of the E (hereinafter “E land”), which is the adjoining land owned by the Defendant’s wife, and thus, the Defendant cannot be deemed a theft of the instant ground of landscaping with the instant ground of appeal.

The judgment below

Criminal facts

The Defendant, on December 19, 2012, destroyed the sewage pipes installed at the basements of a detached house that the victim acquired ownership with the land C at a voluntary auction (hereinafter “the instant sewage pipes”). However, this is only the result of the Defendant’s negligence while constructing a new house on the F land adjacent to the land owned by the Defendant’s wife, and doing flat work, and does not intentionally destroy the sewage pipes of this case.

The sentence of unfair sentencing (one million won of fine) by the court below is too unreasonable.

Judgment

The crime No. 1-B of the lower judgment on the assertion of mistake.

The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the part of Paragraph C of this case, namely, (i) the landscaping stone was set at the chemical group created on the same part of the above land at the time of the commencement of the voluntary auction procedure for the land and the above land; (ii) the landscape gardening trees, landscape rocks, and pipes on the land of this case were assessed as the "out-to-date goods" collectively in the course of the appraisal and assessment for the voluntary auction, and were added to the appraisal value of the land of this case C and the above ground. (iii) The landscape stone of this case is part of the chemical group created as above, even if it was on the land of this case, it can be deemed that it conforms to the land of this case.