A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

On May 30, 2019, at around 00:09, the Defendant discovered that, at the entrance of the Bupyeong-si B apartment complex, a banner is attached to the apartment reconstruction, and on the ground that it is not reasonable to see that apartment reconstruction is visible due to reconstruction, the Defendant laid off the above banner, which is approximately KRW 270,000,00 in the market price owned by the victim C, in his/her hand, and damaged it by putting it up with a stop.

Summary of Evidence

1. Application of the police's protocol of statement D to witness D and E's each legal statement C to the defendant's partial statement, banner photographs, and the Acts and subordinate statutes on the scene of crimes;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act, bearing litigation costs under Article 334(1) of the Provisional Payment Order

1. Although the Defendant and his defense counsel acknowledged the fact that the Defendant destroyed a banner, it was destroyed by a resolution of the council of occupants’ representatives that all residents may remove illegally installed posts, and thus, there was no intention to damage the Defendant even if they were to do so.

Even if the crime of damage is not established as a legitimate act, it is argued that the crime of damage is not established.

2. The following circumstances acknowledged by the evidence duly adopted and examined by this court, i.e., removal of placards without the consent of the managing body, in principle, requires the victim to remove them, or follow the legal procedures, such as filing a civil lawsuit against the victim through the resolution of the council of occupants' representatives. Even if the council of occupants' representatives has passed a resolution that any resident may remove illegal posts, it cannot be said that the defendant is immediately granted the right to remove the banner, and this cannot be said to have immediately been given.