The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the process of removing the above decision in order to prevent defamation (the disposition imposing the above administrative fine was revoked by the court) by attaching it to the apartment elevator on the tape, so that the defendant cannot be separated from the documents (hereinafter “the document in this case”), the defendant's representative council of occupants' representatives, who received the disposition of imposition of the administrative fine by accusation of the defendant against the defendant as a violation of the Housing Act, was requested by the defendant to remove and keep the document in this case. Thus, the defendant's act of keeping the attached document in the management office by removing the document in this case does not constitute an act of destruction, concealment or other means as stipulated in Article 366 of the Criminal Act, and there was no intention of damage.

B. In light of the legal principles, the document of this case was attached along with a written decision on the disposition of imposing a fine for negligence which damages the defendant's reputation, and since the content of the document of this case was false, the act of removing the document of this case constitutes a justifiable act as it was inevitable to prevent defamation against the defendant and confusion among the occupants of the apartment.

2. Determination

A. Comprehensively taking account of the evidence duly examined and adopted by the court below as to the assertion of mistake of facts, it is recognized that the defendant arbitrarily removed the documents of this case as stated in the facts charged without obtaining prior consent or consent from E, the owner, and stored them in the apartment management office.

Even if the document of this case is actually formed and actually established, the act of removing it at will does not interfere with the formation of the damage of the document.