재물손괴
The prosecutor's appeal is dismissed.
1. In order to recognize that certain objects of the grounds for appeal are consistent with real estate, determination shall be made by taking into account whether they are attached and combined to the extent that they cannot be separated without causing damage to or excessive expenses, their physical structure, use and function as well as whether they can be the objects of trade separate from existing real estate (see, e.g., Supreme Court Decision 2006Da39270, 39278, Jul. 27, 2007). In the case of the instant sperm, excessive expenses are not required when separation from the land, and the division of the instant sperm does not significantly undermine the economic value of the land. In light of the above, the lower court acquitted the contractor of the ownership of a building completed by the contractor with his own effort and withdrawal without any special agreement between the contractor and the contractor (see, e.g., Supreme Court Decision 2006Da39270, 39278, Aug. 25, 2011).
2. Determination
A. The lower court rendered a not guilty verdict on the facts charged of the instant case on the grounds that the instant sperm were reverted to the Cheongdo-gun, which appears to be the owner of the land, and the Defendant, upon the instruction of the Cheongdo-gun, removed the said sperm from another place.
B. (1) The Prosecutor’s grounds of appeal on the issue of this case are as follows.