재물손괴
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal shows that the Defendant prevented the victim’s septic tank pipes located underground in the site owned by the Defendant, thereby undermining the utility of the pipes.
Nevertheless, the judgment of the court below which acquitted the defendant is erroneous by misapprehending the legal principles.
2. Determination
A. The Defendant was jointly used by the Defendant and the victimized person for about 12 years by linking the purification tank installed under the Defendant’s house with the Defendant’s house toilets and pipes in Eunpyeong-gu Seoul and the victim D (hereinafter “victim”) respectively, and by linking the purification tank installed under the Defendant’s house to the Defendant’s house toilets and pipes.
On October 24, 2014, the Defendant rejected the Defendant’s request for the replacement of the septic tank from the Defendant’s house to the Defendant’s house, thereby damaging the victim’s house cremation room and the septic tank pipe connected to the said septic tank by an insular method, and then damaging it by cutting the main pipe to PVC.
B. The lower court’s judgment based on the following circumstances reveals that the pipes of septic tanks destroyed by the Defendant were owned by the Defendant as they corresponded to the Eunpyeong-gu Seoul Metropolitan City site owned by the Defendant.
On the premise of this decision, the defendant was judged not guilty.
In a case where an article attached to a real estate loses the object of an independent right in a transaction because it is virtually impossible to separate and restore the article from the real estate, and becomes a constituent part of the real estate which constitutes a whole real estate, the ownership of the article belongs to the owner of the real estate even if the other person accords it with the title (Supreme Court Decision 2007Da36933 Decided May 8, 2008). F newly constructed each house on February 23, 1984 on the land between Eunpyeong-gu Seoul and E site, and the purification for the above E site and its distribution pipe were installed on the ground of the above C site, and G, who is the child of the defendant, is a child of the defendant, on June 11, 199.