재물손괴등
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, it can be acknowledged that the defendant intrudes into the structure occupied by the victim without the consent of the victim, and removes and damages various interiors, etc. owned by the victim.
Nevertheless, the judgment of the court below which acquitted the defendant shall be erroneous and adversely affected by the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is the internal director of F Co., Ltd., the owner of the building 101, 102, and 104 (hereinafter “instant building”). The victim G is a person who operates a restaurant with “I” each leased Nos. 101, 102, and 104 from the above company, and another lessor H, respectively, from the above building 101, 102, and 103, and the Defendant and the victim conflict with each other as to restitution following the termination of the said lease.
1) On May 3, 2014, the Defendant: (a) removed various arches installed by the victim in the instant restaurant; and (b) opened an entrance using a key in which the victim occupied; and (c) intrudes on the structure occupied by the victim after entering the said restaurant. (b) The Defendant damaged the building by inserting approximately KRW 50 million at the time and place specified in the instant paragraph (1) and removing various arches owned by the victim, etc. at the same time and place; (b) the lower court determined on September 3, 2011, that the deposit was KRW 20 million between the Defendant and F Co., Ltd. with the Defendant’s representative, and the lease period of KRW 2.6 million; and (c) from September 3, 2011 to September 13, 2011, the Defendant and the instant building were leased from September 14, 2011 to December 14, 2000.