The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles)

A. According to relevant evidence, the Defendant’s intent to commit damage is recognized as a crime of damage, as it can be acknowledged that the Defendant’s mold was damaged in the process of cutting the window by using enormous machinery.

B. The Defendant’s above act met the requirements of reasonableness and supplement of the means

It is difficult to see it as a justifiable act.

2. Determination

A. On November 22, 2014, the Defendant, at around 19:40 on the 2nd floor of the Victim C clan, which is the head of the Defendant’s clan, around the Namyang-si, Chungcheongnam, the new president of the clan, corrected the entrance, and did not contact after the opening of the clan, on the D2nd floor of the Victim C clan, which is located around the entrance of the Defendant, put in a huge chain between the lower end of the windows installed adjacent to the entrance and the windows of Aluminium, and deducted the windows by detention.

In addition, it has damaged Aluminium mold so as to be equivalent to KRW 900,000 of repair cost.

B. The lower court determined that there was a criminal intent to commit damage to the Defendant solely by the evidence submitted by the prosecutor.

It is difficult to readily conclude, and there is no other evidence to acknowledge it.

Even if it is not so, the defendant's act was not illegal because it constitutes a legitimate act and sentenced not guilty of the facts charged in this case.

(c)

On November 22, 2014, when the case occurred, the day ( October 1) of the ordinary meeting of the C clan (hereinafter “instant clan”) held each year, ② more than 40 members, including the Defendant, were gathered in front of the meeting place for the ordinary meeting, but the door was set aside, ③ On the other hand, the Defendant’s windows were deducted from the window to enter the meeting room.

In the process, the windows were put into the room above the windows, and then the windows were put in the window again, but the windows were somewhat lowered in the window.