재물손괴등
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) as to the damage of property, since the defendant bears the burden of the expenses for the installation of fishing village damaged by the Eul association, the owner of fishing village was the above association and the head of the association was the owner of fishing village with the consent of the above association.
In light of the fact that there was a dispute between union members at the time, the president of the association is not in compliance with the legal procedure, and the president of the association has the authority to destroy fishing village
shall not be deemed to exist.
As to the intrusion of a structure, as long as C, the former president of the partnership, has lawfully commenced the possession of the partnership office of this case, the peace of such possession shall be protected, and C did not have at the site at the time of the occurrence of this case.
Even if the partnership office of this case was corrected, it is the office managed by C as long as C was corrected.
Therefore, the lower judgment that acquitted the Defendant of the facts charged of the instant case is erroneous in misapprehending the legal doctrine.
2. Prior to the judgment on the grounds of appeal by the prosecutor ex officio, the prosecutor applied for amendments to the indictment to the effect that the facts charged in the instant case are modified as “the altered facts charged” under the judgment of the court below. Since the subject of the judgment was changed by this court’s permission, the judgment of the court below cannot be maintained any more.
3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's factual misunderstanding and misunderstanding of legal principles, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
[Grounds for the new judgment] The defendant in the revised charge is a member of the new association of "B".
A. On August 22, 2019, the Defendant damaged the property owned by the victim B by demolishing the corrected entrance door at the office of the Dongjak-gu Seoul Metropolitan Government D2 D 2nd class B, thereby destroying the property owned by the victim B, the market price of which is equivalent to 250,000 won.
(b) Intrusion upon a structure;