재물손괴
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the instant wall is owned by M, the mother of the Defendant, and the Defendant’s act does not constitute the crime of causing property damage.
2. Determination
A. According to the evidence duly admitted and examined by the lower court and the first instance court, the following facts can be acknowledged.
1) The Defendant is a son of M. M. M. M., M is a son of net Q. The victim is a son of M. G. G., the E. G., the E. G., the E.W.’s E. B. B. division. The registration of ownership transfer was completed on February 2, 1938, with respect to Q. Q., prior to the division, on October 24, 1979. The said land was divided into a 453 square meters on October 24, 1979, a C. 18 square meters and a 116 square meters in T. 16 square meters (the area was 368 square meters in combination with other land on August 20, 1983) and a 165 square meters in U.S.
3) The above C land (hereinafter “instant land”)
On April 26, 1980, the Act on Special Measures for the Transfer, etc. of Ownership of Real Estate (Act No. 3094, hereinafter referred to as the “Special Measures Act”) is applicable.
Pursuant to H, the registration of transfer of ownership was completed on August 5, 1970, and on December 19, 1984, the registration of transfer of ownership was completed on the same day as that of G, and on May 22, 2005, the registration of transfer of ownership was completed in the victim’s future on July 1, 2005 as the victim succeeded to G on May 22, 2005. On the other hand, H newly constructed a house on the ground of this case (hereinafter “instant house”) on the land at the end of the division of the above land, and M was newly built on the above land (hereinafter “Adjoining land”). Around 1979, M was a house on the ground (hereinafter “the adjoining land”).
H had already installed the instant fence on the boundary between the instant land and the neighboring land before dividing the said land, and the instant fence was connected to the gate column of the instant house.
5 With respect to the instant housing, the registration of transfer of ownership due to the sale on the same day in the name of Dong G on December 19, 1984 is based on the inheritance by consultation and division on July 1, 2005 in the name of the victim on July 1, 2005.