The defendant's appeal is dismissed.

1. The lower court rendered a guilty judgment as to the damage of property among the facts charged in the instant case, and rendered a judgment dismissing prosecution as to defamation.

However, since only the defendant appealed from the judgment below, the dismissal of prosecution became final and conclusive as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) (hereinafter “the apartment of this case”) stated in the facts charged with the removal of three banners listed in the facts charged (hereinafter “the instant banner”) upon delegation by the director of the management division, pursuant to the management rules of B apartments (hereinafter “the apartment of this case”). The Defendant believed that the Defendant has the authority to remove the instant banner.

Therefore, the defendant did not have the intention of causing property damage.

The defendant's act is not illegal as it does not violate the act or social rules due to the duty under Article 20 of the Criminal Act.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in misconception of facts and misapprehension of legal principles

3. Determination

A. The crime of causing property damage is established when a special media record, such as another person’s property, documents, or electronic records, is destroyed or concealed, thereby impairing its utility.

(1) Article 366 of the Criminal Act provides that a person who causes damage to the utility of a product by destruction, concealment, or any other means shall not only make the product, etc. in a state in which it cannot be used for its original purpose, but also lose its utility by making it possible to temporarily play a specific role, such as a material destruction (see, e.g., Supreme Court Decision 2016Do9219, Nov. 25, 2016). To recognize a legitimate act under Article 20 of the Criminal Act, the following is justifiable: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act;