A. In fact, misunderstanding the legal principles and misconceptions of the facts, the Defendant, with the consent of the victim, and the chemical group owned by the victim was neglected with no utility or waste for a long time, and thus, the object of the crime of damage to property is no economic value. The cement package stated in the facts charged was in the state-owned land for which the Defendant was permitted to occupy and use, and did not have the awareness that it would impair its utility, and therefore, the Defendant was walking.

No person shall be punished for the damage of property.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (the penalty amount of KRW 700,000) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the following circumstances acknowledged by the court below comprehensively based on the evidence duly adopted and examined at the court below. ① The victim asserts that, in front of the building of the building of this case, flowerss and cement packaging planted with flowers trees, such as tobacco red, etc. are confirmed through field photographs of the building of this case, and the victim stated that 12 gins were installed as landscaping facilities to be equipped by constructing the building in the last half of 1996 from the end of 1996 to the end of 197. ② The defendant cannot find any data to recognize that the consent of the victim was obtained in removal of the above chemical and cement, and the victim stated that the victim did not have received the above phone, and ③ the defendant argued that the victim did not have an intent to remove cements and cement packaging facilities installed in his own considerable expenses.