재물손괴
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. At around 10:30 on November 13, 2015, the Defendant, a summary of the facts charged, cut off the entrance doors of the victim D from the F (hereinafter “F”) office located in Yangyang-gun E (hereinafter “F”), thereby impairing the usefulness of the audit doors of the victim’s office. At around 14:00 on the same month, at around 14:0, the Defendant used the dives of the victim’s office located in the same place.
2. Determination
A. According to the records, it is evident that the Defendant destroyed the locks owned by the victim, such as the facts charged.
B. However, in light of the following facts acknowledged by the record, the Defendant’s act does not meet the elements of the crime of damage, since the Defendant destroyed the locks and the sprinks with the consent of the victim.
1. D Around 201, Namyang-gun G was established for the purpose of selling agricultural products and operating an on-the-job experience study, etc. in a project district.
D Around December 2012, H 1, 2012, with the cooperation of the heads of H 1, 2, and H, established F separately to engage in accommodation and operation of rural experiential learning at H Halwon.
On January 7, 2013, F is designated as a businessman for a recreational village in an agricultural and fishing village, and F starts a project such as agricultural and fishing village experience in full after completing business registration on September 24, 2013.
(2) The chairperson of D concurrently holds the office of F representative and the F did not have a separate auditor.
D and F shared offices from January 2014 to June 2015, 2015, one of the two buildings located in Yangyang-gun E, N, and D shared offices (on July 1, 2015, D moved to another Dong office). D bears the management expenses, electricity charges, etc. of the entire office.
③ On March 1, 2014, D reported to the Boyang-gun, appointed D as F’s secretary, and I executed F’s budget.
(4) The defendant appointed as a D’s auditor around April 2014 is as F around July 2015.