The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the grounds of appeal is that the instant escalator belongs to the part of the Defendant’s exclusive ownership, and does not constitute another’s property. At the time of removing the instant escalator, the Defendant did not have the intent to damage property. The instant escalator was in a state where the instant escalator was not already operated, and thus, the Defendant’s act does not impair the utility of the instant escalator.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

2. Determination

A. The summary of the facts charged is that the Defendant, who is engaged in the leasing business, is a co-owner of part of the second floor of Htel building in Nam-gu, Busan, E, F, and G, and is a public structure that connects the second floor and the third floor of the above building, and thus, wishes to remove the leased area owned by himself.

On January 16, 2016, the Defendant: (a) obtained the removal permission from the office of Nam-gu, the competent authority, for the above Htel; and (b) received a request for the suspension of removal due to the discovery of problems with the said permission; (c) neglected this request; and (d) arbitrarily damaged the removal company’s top-down board, etc., which is the public structure, thereby making it impossible for anyone to use it.

Accordingly, the defendant damaged the market price of the Htel owner, which is the joint ownership of Htel owner.

B. First of all, the lower court’s determination is based on the evidence duly adopted and examined as follows: (i) the instant escalator was installed at the time of the completion of the instant commercial building; (ii) the second floor of the instant commercial building was the department store; and (iii) half of the third floor was used by the banks and the rest of the commercial buildings.