The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact-finding the defendant has taken the mobile phone of this case and the bicycle as a intention to temporarily use and return them, and the defendant did not have an intention to larceny.

B. In light of the legal principles, the crime of damage to public goods on September 2, 2019 and the crime of damage to public goods in this case were removed from an illegal banner that may harm the urban landscape. Therefore, the illegality is excluded as a justifiable act that does not go against the social rules.

C. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The Defendant asserted that the above assertion of mistake of fact is identical to the above assertion of mistake of fact, and the lower court rejected the above assertion in detail, and in light of the evidence duly adopted and examined by the lower court, the lower court’s determination is justifiable.

Therefore, the defendant's assertion of mistake is without merit.

B. Determination 1 on the assertion of misapprehension of the legal principle as to the assertion on the crime that was damaged by September 2, 2019 should be based on a specific case where there is a legitimate act as a ground for excluding illegality. In order to recognize a legitimate act, the following must be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method; (iii) balance between the protected legal interests and the infringed legal interests; (iv) urgency; and (v) supplementary requirements that there is no other means or method than the act (see, e.g., Supreme Court Decision 98Do3029, Jan. 26, 1999). Comprehensively taking account of the evidence duly adopted and examined by the court below, the defendant must meet the requirements for the supplementary nature of the act.

In addition, it does not seem that the damaged banner, such as the foregoing, has damaged the urban landscape or caused immediate danger to traffic safety, and even if the defendant, the above banner is the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry.