In light of the fact that, compared to the size of the building of the bank, the defendant did not have a large number of columns administered by the assembly participants, and that the removal of garbage does not reach the degree of permanent harm to the utility of the building in question because the removal of garbage is relatively easy, and that it is difficult to view that the users’ displeasure or resistance exceeded the tolerance limit under the generally accepted social norms, the above act does not constitute property damage.

Therefore, the crime of violation of the Punishment of Violences, etc. Act (joint property damage, etc.) and the crime of violation of the Assembly and Demonstration Act due to the disturbance of order such as each damage is not established against the defendant.

The punishment sentenced by the court below of unfair sentencing (one year and six months of imprisonment and three years of suspended execution) is too unreasonable.

The sentence imposed by the public prosecutor by the court below is too uneasible and unfair.

The crime of causing property damage under Article 366 of the Criminal Act is established when it damages or conceals another person's property or damages its utility by other means. Here, the term "procing the utility of property" actually means making the property in a state where it cannot be used for its original purpose of use due to an appraisal, and includes temporarily converting the property into a state where it cannot be used.

In particular, whether an act of writing a shot on the wall of a structure or an act of throwing down a notice or a garbage constitutes an act of harming the utility of the structure or not, the purpose and function of the structure in question, the impact of the act on lighting, ventilation and lighting of the structure on the view of lighting, lighting, lighting, etc., the degree of harm to the aesthetic view of the structure, the displeasure or resistance that the building users feel, the difficulty and difficulty of restoration to the original state, the purpose and continuity of the act, and the situation at the time of the act.