재물손괴
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On February 12, 2020, the Defendant: (a) 08:32 on February 12, 2020, up to 08:32, damaged the car by inserting up soil from the garden to the front door of the Defendant’s house on the ground that the car was parked in front of the Defendant’s house; (b) c,129,432 won in sum by inserting up the car from the garden to the front door of the said car; and (c) c,129,432 won in the repair cost by using the broom and the soil in the broom in front of the said car in front of the Defendant’s house.
Summary of Evidence
1. Partial statement of the defendant;
1. The testimony of C of a witness: A report on internal death (a CCTV investigation and caps to be taken for the purpose of crime prevention) - a photograph to be taken, a photograph to be taken, a written estimate to be taken (Submission of a written estimate), application
1. Article 366 of the Criminal Act applicable to the crimes;
1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act
1. It is difficult to view that the act of spreading soil to the alleged vehicle and brooming it into brooms alone has impaired the utility of the vehicle.
2. The crime of causing property damage under Article 366 of the Criminal Act is established when it damages or conceals another person's property or damages its utility by other means. Here, the phrase "conscising the utility of property" refers to making the property in a state where it can not be used for its original purpose of use due to actual or emotional harm, and includes making the property in a state where it cannot be used temporarily (see, e.g., Supreme Court Decisions 92Do1345, Jul. 28, 1992; 93Do2701, Dec. 7, 1993; 2007Do2590, Jun. 28, 2007). In light of social norms, considering the following circumstances acknowledged by the health stand, and each evidence of the judgment, the defendant's assertion that the property has utility in such a way as to roots soil and use soil on a motor vehicle is acceptable.
A. The property subject to damage of this case is used as a means of transportation.