The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of legal principles and mistake of facts);

A. The Defendant, as the owner of the instant forest, has a legitimate title to extract CCTV lines installed illegally by the victim.

The defendant's above assertion is to the purport that the illegality of the defendant's act constitutes a legitimate act.

B. In fact, the Defendant had no intention to damage property since CCTV electric wires were extracted in order to prevent a fire due to leakage in the course of compulsory execution.

2. Determination

A. To recognize a legitimate act of judgment as to the assertion of misunderstanding of legal principles, the following must be met: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance between the benefit of protection and infringement; (d) urgency; and (e) supplementary nature that there is no means or method other than the act (see, e.g., Supreme Court Decisions 2003Do300, Sept. 26, 2003; 2003Do4934, Jun. 25, 2004). In light of the above legal principles, if there is a title of enforcement by a final and conclusive judgment, it should be resolved through compulsory execution in accordance with the procedure prescribed by law based on the said title; and (d) private enforcement or self-help is not allowed.

According to the following circumstances acknowledged by the court below and the evidence duly admitted and examined by the court below, it is reasonable to view that the act of the defendant by extracting CCTV lines as stated in the facts constituting an offense in the judgment below is an act of destruction, and the above act cannot be viewed as a legitimate act, and thus, this part of the argument is rejected.

① Prior to the instant case, the Defendant had already received an order to deliver real estate against the victim (JJ in Suwon District Court) and executed the delivery of the instant forest around April 8, 2016. On the same day, the Defendant removed CCTV installed by the victim while participating in the execution officer of Pyeongtaek District Court.

The defendant is a defendant through the above procedure.