The defendant's appeal is dismissed.

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

A. The Defendant only carried a banner, which the victim hangs, and did not destroy it.

Therefore, the defendant's act does not constitute an element of the crime of causing property damage.

B. The Defendant, as the head of the apartment management office, removed the banner installed by the victim, which constitutes a legitimate execution of duties by the Defendant, and the illegality is dismissed as a justifiable act.

2. Determination

(a) For the crime of destroying and damaging property, the term "damage" means not only the case where an article is in a state in which it cannot be used for its original purpose due to a material destruction, but also the case where the act of temporarily converting it into a state in which it cannot play a specific role

(See Supreme Court Decision 2006Do7219 Decided December 22, 2006, etc.). According to the above legal principles, the Defendant laid down a banner which was suffering from an apartment complex, and kept it in the guard room after cutting it. The Defendant’s above act constitutes a constituent element of the crime of causing property damage, since it impairs the utility of banner which was discharged for the purpose of publicity by sunrise to residents, and thus constitutes the element of the crime of causing property damage.

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is not accepted.

B. Regarding the Defendant’s assertion that the act constitutes a justifiable act, the following facts are acknowledged according to the evidence duly adopted and examined by the court below.

① On March 1, 2012, E Co., Ltd. (hereinafter referred to as “E”) entered into an entrustment contract with the council of occupants’ representatives of the Dong-gu, Nam-gu (hereinafter referred to as “instant apartment”) for the term of contract for the instant apartment as of February 28, 2014, and has performed the management of the instant apartment.

② The council of occupants’ representatives of the instant apartment shall hold an extraordinary meeting on July 7, 2014 when seven persons, such as H, are present.