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(영문) 대법원 2016.08.30 2016도3369

재물손괴

Text

The judgment of the court below is reversed, and the case is remanded to Suwon District Court.

Reasons

The grounds of appeal are examined.

1. As to Defendant A

A. The summary of the facts charged in the instant case against the Defendant is as follows: “The Defendant, in collusion with K on October 26, 2014, transferred a container equivalent to KRW 1.2 million at the market price left before the E building located in the south-gu Incheon Metropolitan City, Nam-gu, Incheon, for the possession of the said building, to a container storage in Singu-si without the consent of the damaged party.”

“” is:

B. On the grounds indicated in its reasoning, the lower court, on the grounds indicated in its reasoning, deemed that the Defendant committed a crime of damaging property by punishing the role of the instant container.

In light of the above facts charged, the court convicted the above facts charged.

(c)

However, the crime of damaging property under Article 366 of the Criminal Act is established when it damages or conceals another person's property or impairs its utility by other means. Here, the phrase "conscising the utility of property" refers to changing property into a state in which it is practically impossible to provide it for its original purpose of use due to appraisal (see, e.g., Supreme Court Decision 2010Do2269, Jul. 8, 2010). According to the reasoning and evidence of the judgment below, according to the reasoning and evidence of the court below, it can be revealed that the defendant and joint defendant K moved the above container to a warehouse without changing or destroying the form of material or destroying the container of this case and the article inside the container of this case or bringing it into a warehouse without causing any loss or loss, and if there are such circumstances, it cannot be readily concluded that the above container has infringed the

(d)

However, the judgment of the court below convicting the Defendant of the charges on the ground that the Defendant conspired with the joint Defendant K to impair the utility of the container of this case, thereby affecting the conclusion of the judgment by misapprehending the legal principles on the act of damaging the utility of the crime of damaging property.

2. The Defendant’s ground of appeal against Defendant K is within the period for submission of the written ground of appeal.

참조조문