The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Around 19:00 on May 7, 2016, the Defendant: (a) at the D Outdoor Exhibition Center in Chuncheon-si, the Defendant: (b) took one of three art type works produced by the victim E, which were exhibited with the installation of a ban on access to the place; and (c) took the string of a three “F” type of works produced by the victim E, thereby leaving the string of the string and shoulder part of the string, thereby leaving the string and shoulder part away from the floor.

2. The defendant alleged that he has never damaged the sculpture that was exhibited by him;

3. Determination

A. In full view of the following facts: G and H’s statement to the effect that the Defendant, at the time of the exhibition, appeared around the sculpture as indicated in the facts charged (hereinafter “the instant work”); and G and H’s statement to the effect that the Defendant had present a view to write down the instant work; and that the Defendant issued identification cards or consulted on the amount of compensation for damages with the intent to recognize his/her responsibility; and that there is little possibility that other person’s act or external capacity than the Defendant would act at the time of the destruction of the instant work, the instant work may be recognized as being used in contact with the Defendant’s body and has been destroyed.

B. Next, we examine the intent of damage.

(1) According to each of the evidence submitted by the prosecutor and the Defendant, the relevant persons of this case stated as follows.

행사 관람 중 사건 현장을 목격하였다는 G는 경찰에서 “약 4, 5m 정도 떨어진 위치에서 목격하였는데, 피고인이 당시 화가나 씩씩거리며 지나가다가 발로 작품을 차고 지나갔다”라고 진술하였고, 이 법정에서 “피고인이 작품 주변에 설치된 펜스 옆을 지나가면서 발을 허리까지 들어올려 작품을 찼다”라고 진술하였다.

또한 전시장에서 스텝으로 근무하였던 H는 이 법정에서 "작품이 설치된 장소에서 6, 7m 정도 떨어진 위치에서 목격하였는데, 피고인이 맥주 묶음을 안은 채 작품 뒤쪽에서 앞쪽으로 무릎 높이의 펜스를...