The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and Sentencing) of the victim's banner is established solely for the purpose of obstructing the defendant's business, and it does not constitute property which is the object of the crime

Even if the above banner is a property, the defendant was removed because it is impossible to preserve the right to claim the prohibition of interference with business in accordance with the legal procedure in a situation where large sales are expected to decrease if the above banner is kept as it is. Therefore, this act of the defendant is not unlawful as

Even the Defendant was guilty.

Even if the court below's punishment (amounting to 500,000 won) is too unreasonable.

2. Determination

A. If a property can be used for its original purpose or even for other purposes, it can be the object of the crime of damage to property (see Supreme Court Decision 2007Do5207, Sept. 20, 2007, etc.). According to the evidence duly adopted by the court of original judgment, the victim is dissatisfied with the following: (a) the DNA restaurant which leased the center building from the fisheries cooperative at the early stage of the early stage of the late stage of the late stage of the late stage of the late stage of the late stage of the late stage of the late stage of the late stage of the late stage of the session, and (b) the victim is able to be aware of the intention of the above assembly and the suspension of business, and (c) the victim manufactures and installs the banner as stated in the facts charged. Since the above banner complies with the original purpose of the assembly and the suspension of business, it is reasonable to deem it an object of the crime of damage to property (see Supreme Court Decision 2007Do5207, Sept. 20, 2007).

The Defendant’s allegation in this part is without merit.

B. Whether illegality is denied

"Where it is impossible to preserve a claim by legal procedure, it refers to the action that is reasonable to avoid the impossibility or significant difficulties of the exercise of the claim (Supreme Court.