Defendant shall be punished by a fine of 200,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On February 7, 2017, at around 11:00, the Defendant destroyed the Defendant’s building located in Gangnam-gu Seoul, by removing the two signboards attached to the victim C’s wall attached to the wall and the stairs attached thereto.

Summary of Evidence

1. A protocol concerning the examination of the accused;

1. Statement made to C;

1. Investigation report (to listen to telephone of the complainant);

1. Application of a written estimate, a written lease contract, and the written complaint;

1. Relevant legal provisions concerning facts constituting an offense, Article 366 of the Criminal Act chosen to impose a fine, and selection of a fine (Considering that each advertisement board in the judgment seems to have been returned to the victim, and that it is impossible to suspend the sentence due to the fact that the defendant has been sentenced to a suspended sentence or higher

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument (1) The Defendant’s act does not constitute an act of destruction, since each advertising board itself in its ruling is removed and stored without any damage.

② Since Defendant’s act is an act of self-help or a justifiable act, illegality is excluded.

③ Since the Defendant committed an act in consultation with a lawyer, there is no perception of illegality.

2. Determination

A. ① The crime of destroying property is established when a special media record, such as another person’s property, documents, or electronic records, is destroyed or concealed by any other means (Article 366 of the Criminal Act). Here, where the utility is impaired by any damage, concealment, or other means, it includes not only cases where goods, etc. are made in a state in which they cannot be used for the original purpose, but also cases where they are made in a state in which they cannot play a specific role such as temporary goods, etc. (see Supreme Court Decision 2016Do9219, Nov. 25, 2016). Each advertisement board held by the Defendant at the place where the advertisement is attached.