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(영문) 서울남부지방법원 2019.02.28 2018고정913

재물손괴

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the victim B's ice.

Around 12:00 on August 28, 2015, the Defendant entered the residence of the Defendant, immediately after the Defendant’s wife C committed suicide, and entered the residence of the victim, and changed the password of the house entrance of the victim, and failed to continuously notify the victim of the changed password, and thereby, stated that the instant indictment merely damaged the victim’s usefulness. However, in front of this part, it is reasonable to view that the Defendant’s indictment stated the phrase “the Defendant damaged the victim’s house entrance password by changing the victim’s seat number so as to prevent the use of the victim.” Thus, it is reasonable to view that the Defendant’s indictment was “entry,” and the object which was charged, as the Defendant destroyed the prosecutor’s utility by impairing the victim’s entrance’s use. As such, this part of the indictment is to be corrected

It was damaged by impairing its utility.

Summary of Evidence

1. Each legal statement of witness B and F;

1. Protocol of the police statement concerning B;

1. A written statement of F and G (where a counsel does not inform the password of the entrance, it cannot be deemed that the entrance would impair the utility of the entrance. However, in the crime of causing property damage, “where the effect of an entrance is impaired” includes not only cases where goods, etc. cannot be used for its original purpose, but also cases where goods, etc. cannot be used for their original purpose temporarily as a material destruction act but also cases where they lose their utility by temporarily making them impossible to play a specific role such as goods, etc. (see Supreme Court Decision 2016Do9219, Nov. 25, 2016). Accordingly, it is reasonable to deem that it is difficult to use the entrance because it was impossible to perform the role of the entrance because it was not possible to arbitrarily change and notify the password of the entrance, and thus, it constitutes “where the effect is harmed” in the crime of causing property damage, the aforementioned defense counsel’s

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;