폭력행위등처벌에관한법률위반(공동재물손괴등)
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal is owned by Down residents of the boundary wall in Gangnam-gu Seoul Metropolitan Government G road, and the Defendant is a minimum measure with the consent of Down residents to resolve inconvenience and danger in road traffic, and the above boundary wall is an act of the Defendant’s act constitutes a justifiable act that does not constitute a crime of causing property damage or violates social rules.
2. On June 24, 2012, the Defendant and B of the instant facts charged asserted that the boundary wall, which is the joint ownership of the victim F and the victim of the Dobong-gu Office, owned by the victim F and the victim of the Dobong-gu Office, were owned by the residents of the residents of the Gangnam-gu Seoul Metropolitan Government, and the F, who used the garage as the garage with permission to occupy and use the Dobong-gu Seoul, Dobong-gu, Seoul, Seoul, was in conflict with the Gangnam-gu Office due to the compensation procedure. On June 24, 2012, the Defendant and B of the instant facts charged reversed the boundary wall equivalent to KRW 1 million in the market price.
Accordingly, the defendant jointly destroyed the victims' property.
3. Determination
A. The lower court determined that the Defendant was guilty of the Defendant’s property damage on the grounds that there was no evidence to prove that the Defendant was involved in the Defendant’s crime, on the grounds that the Defendant did not accept the Defendant’s assertion that the above act constituted a justifiable act, and that there was no evidence to prove that the Defendant was involved in the Defendant’s crime.
(b) Boundary marks, fences, ditches, etc. established on the boundary line of the party deliberation may be presumed to be co-owned by S, but the boundary marks, fences, ditches, etc. shall not be constructed at the expense of S1 or part of a building;
(Article 239 of the Civil Act). The following circumstances acknowledged by the above legal principles and records are ① Land T, U, V, W, X, and Y is constructed on each ground, and the State of Gangnam-gu Seoul Metropolitan Government G land is Seoul, whereas the State of Gangnam-gu Seoul Metropolitan Government G land.