The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. Although the summary of the grounds for appeal does not constitute a justifiable act inasmuch as the Defendant’s removal of a signboard owned by the victim without undergoing lawful compulsory execution procedures, the court below acquitted the Defendant of the facts charged in this case on the ground that illegality is excluded, the court below erred by misapprehending the legal principles.

2. Judgment on the misapprehension of the legal principle by the prosecutor

A. At around 10:00 on November 25, 2017, the Defendant: (a) removed the signboards owned by the victim C (12m aro, 6m a vertical length; hereinafter “instant signboards”) at a warehouse owned by the Plaintiff of Gwangju-si (hereinafter “instant warehouse”); and (b) removed them at intervals of about 1m in bulk at intervals of about 1m in bulk, by removing the signboards owned by the victim C (12m aro, 6m a car; hereinafter “instant signboards”).

B. The lower court determined: (a) the Defendant leased the instant warehouse to C from March 29, 2015 to April 30, 2016; (b) leased land and buildings located in Gwangju City (hereinafter “instant adjoining real estate”); (c) on December 30, 2016, after having obtained the Defendant’s permission, stored skiing and other equipment in the instant warehouse, and collected on March 30, 2017; (d) again, without the Defendant’s permission, stored equipment, such as skiing, in the instant warehouse from Jun. 6, 2017 to Nov. 25, 2016; and (e) the Defendant did not request the Defendant to remove the instant building at the vicinity of the instant warehouse, which is located in the boundary of another parcel of land adjacent to the instant warehouse; and (e) the Defendant did not request the Defendant to remove the instant building on July 27, 2017, without permission, to restore it to the original state.