2. The crime of destroying and damaging property under Article 366 of the Criminal Act is established when the property of another person is damaged or concealed, or when the utility of the property is harmed by other means. The phrase, practically or in appraisal, means making the property difficult to be used for its original purpose, and includes making the property unusable temporarily. However, in a specific case, the issue of which act constitutes it shall be determined according to social norms, comprehensively taking into account such circumstances as the purpose, mode and degree of the act, whether the property is physically damaged or has lost general function of the property itself, whether the property was used to achieve its unique purpose, whether it was impossible to achieve it, degree of difficulty and cost of restitution, and supplement of the Criminal Act.

According to the case's return to the health team, the statement of the defendant in the first trial record, the police statement about D, and the investigation report (defence of CCTVs: The reason why CCTVs were leakeds), it is recognized that the defendant did not take the direction of photographing the newly owned CCTV camera by returning the direction of the defendant as stated in the facts charged in this case.

However, according to the records, the defendant is operating a motor vehicle maintenance center in a part adjacent to buildings managed by D, that is, the following circumstances.