According to the reasoning of the judgment below, the court below acknowledged the fact that the defendant was removed by deducting the phone line equivalent to 60,000 won at the victim's public telephone line owned by the Korean Telecommunication Corporation on the ground that he did not change the remaining money in front of the annual food store of the management of the 115-15 of Dongdaemun-gu Seoul Dongdaemun-gu 19-19, the Defendant was guilty of violating the Punishment of Violences, etc. Act (damage).

However, according to the records, the defendant thought that the above public telephone machine was closed only, and the telephone was broken down, and the telephone was removed to report it to the police box while being in service. The witness box box of the court below stated that the defendant was removed while the defendant had been in custody of the above public telephone box and was removed. Thus, if the above public telephone was already broken as in the above change statement, and the defendant was removed after deducting the above telephone code to report it to the police box, it is difficult to deem that the above public telephone machine was destroyed by materially, or the above telephone cannot be removed by preventing the specific role of the above call, and thereby impairing its utility.

Ultimately, the court below's determination of the crime of causing property damage as a crime of causing property damage without examining whether the above contents of the defendant's lawsuit are true or not is true or not is erroneous and there is a good reason to discuss the case. Therefore, the judgment below is reversed and remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Jong-sik (Presiding Justice)