The defendant's appeal is dismissed.

1. The summary of the grounds of appeal reveals that the defendant promptly flashed off the outer wall of the prefabricated-type building owned by the victim D (hereinafter “instant building”) located in Chuncheon-si on June 2, 2011. However, the instant building cannot be deemed to have damaged the instant building solely on the ground that the defendant was an illegal temporary materials without value as a product, and promptly flashing a colorer, and the victim cannot be deemed to have damaged the Defendant’s reputation by impeding the Defendant’s business and impairing the reputation by means of impairing the victim’s reputation on the outer wall of the instant building. As such, the Defendant’s flashing of the instant building constitutes legitimate act of self-defense or legitimate act.

2. First, we examine the argument that the building in this case is not an object of damage with an illegal as a product without value.

The property as the object of the damage of property does not necessarily require an economic exchange value, and there is sufficient use value or subjective value as the property, and the permission of the relevant administrative agency is not affected. Thus, according to the evidence duly adopted and examined by the court below, the use value or subjective value as the property is sufficient for the victim regardless of whether the pertinent administrative agency's permission for the building of this case is granted. Thus, this part of the defendant's assertion is without merit.

Second, we examine the argument that the defendant's ppuri of the building of this case does not constitute an act of damage.

The crime of damaging and damaging property under Article 366 of the Criminal Act is established when the property of another person is damaged or concealed, or when the utility thereof is harmed by other means. Here, the term "conscising the utility of property" means, in fact or by appraisal, making the property unusable for its original purpose, and cannot be used temporarily.