A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

A. In the case of mistake of facts, the manager of container in the Nice Chapter and the Nice court of this case is the B apartment council of occupants' representatives, and the B apartment council of occupants' representatives is not the B apartment council, and the act as stated in the facts charged by the defendant is not against the will of the B apartment council of occupants' representatives, and it

B. The act as stated in the facts charged by the Defendant constitutes a justifiable act that does not contravene social norms.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. The prosecutor of the amendment to the bill of amendment applied for the amendment to the bill of amendment to the indictment in the trial of the party concerned that "the part of the "Management by the Victim B Apartment Association" in the third part of the indictment of this case is "joint ownership by the Victim B apartment occupants," and the fourth part "Continuance" in the indictment of this case was changed to "a continuous ownership by the members of the Victim B apartment Association, the members of the Victim B apartment Association," and since this court permitted it, the judgment of the court below cannot be maintained as it is.

Despite the above reasons for ex officio reversal, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court.

B. The crime of causing property damage is established when a special media record, such as another person’s property, documents, or electronic records, is destroyed or concealed, thereby impairing its utility.

(Article 366 of the Criminal Code). In recognizing the criminal intent of the damage to property, it is not necessarily necessary to actively wish to damage the property, or there is a perception that it would lose the utility of the property against the owner's will.

In addition, the term "conscising the utility of property" means making the property unusable for its original purpose.