The defendant's appeal is dismissed.

1. Grounds for appeal;

A. misunderstanding of facts: The stairs removed by the defendant (hereinafter "the stairs of this case") are solely constructed for the convenience of G, which was a tenant of the commercial building No. 206 of the building of this case, and only left by leaving the shop owner (Korean land trust) without performing the duty to restore to the original state after the expiration of the lease term, and therefore, it is not currently owned by the commercial building owner No. 206.

In addition, since the stairs of this case are subsidiary and are installed illegally, there is no value as property.

Therefore, the Defendant’s removal of the instant stairs does not constitute a crime of property damage.

B. Unreasonable sentencing: The sentencing of the lower court (fine 3 million won) is too unreasonable in light of the above circumstances even if the conviction is found, in view of the above circumstances.

2. Determination

A. According to the evidence duly adopted and examined in the court below and the court below's decision on the assertion of mistake of facts, the stairs of this case are established as escape stairs purposes on the side external walls of the commercial building No. 206 around March 2003, and the building owner of the commercial building No. 206 at the time of February 28, 2006, under the understanding of the land trust in Korea, which was the owner of the commercial building No. 206 at the time of February 28, 2006, the owner of the building No. 206 at around 208 changed to the "TD link".

According to the above facts, since the stairs of this case are attached to the outer walls of 206 commercial buildings, only the users of the commercial buildings 206 can use them, it shall be deemed that they correspond to the above 206 commercial buildings. It is reasonable to view that the present owners of the commercial buildings 206 commercial buildings purchased the commercial buildings 206 commercial buildings from the relocating owners around 208, and the ownership of the instant stairs was also transferred.

In addition, there are four entrances on the property value of the instant stairs, and the instant stairs are expected to be installed for escape stairs around 2003.