The defendant shall be innocent.

1. At around 06:50 on September 23, 2015, the Defendant: (a) arbitrarily removed the signboards of the real estate brokerage office installed on the outer wall of the said building by the victim D in Gangnam-gu Seoul Metropolitan Government C Building; and (b) damaged the non-repairable property.

2. The fact that the Defendant removed the instant signboard from the outer wall of the building without the victim’s consent at the date and time indicated in the facts charged is apparent in light of evidence.

However, in full view of the following circumstances, it is reasonable to view that the defendant's act constitutes a justifiable act under Article 20 of the Criminal Act, as an act meeting the reasonable level permitted by social norms, in view of the materials submitted by the defendant and the evidence duly adopted and examined by this court.

Since before before 2005, the signboards of this case were installed on the outer wall of the building by the lessee who leased the commercial building (No. 103) of this case, and the lease contract is terminated, the new lessee of the commercial building has repeated the use of the signboards of this case by acquiring them by transfer. The victim also has changed the market name on the existing signboard, but used the signboards of this case by changing it. It is not clear who is the ownership of the signboards of this case except for the site.

The aggrieved party, from September 23, 2015 to September 23, 2015, removed the instant signboard from the Defendant’s commercial building to another commercial building (No. 106) of the same building due to the termination of the contract.

The victim newly set up and used a signboard in a different place from the location where the instant signboard existed, and at the time when the Defendant removed the instant signboard, there were two signboards of the victim in the instant building.

The victim paid the premium to the previous lessee on the signboard of this case, but it is not possible to claim the premium against the lessor under the obligation to restore it to the original state due to the termination of the contract, and the defendant.