재물손괴
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal (misunderstanding of the facts, misunderstanding of the legal principles) that the Defendant removed the pentle door knife from it is intended to replace the old entrance knife, and thus, it cannot be deemed as an act detrimental to the utility of property.
In addition, the defendant's act is a legitimate act that replaces the entrance knife in order to normalize the penting business with the wind that the victim brought the key to the penting entrance arbitrarily.
2. Determination
A. The lower court’s determination is difficult to view that the Defendant’s act constitutes a justifiable act in light of the motive and background of the crime, the method and process of the crime, and the circumstances after the crime, which were duly adopted and investigated by the lower court.
Based on the judgment, the defendant was convicted.
(b) The leader of a party’s determination means the destruction or reduction of the original utility by directly exercising the power of force on all or part of goods or documents, thereby undermining the material or physical properties.
Meanwhile, “act that does not contravene social norms” as provided in Article 20 of the Criminal Act refers to an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding the act. Thus, if a certain act satisfies the requirements such as the motive or legitimacy of the act, the means or method of the act, the reasonableness of the means or method, balance between the legal interests protected and the legal interests protected, urgency, and supplementary nature that there is no other means or method than the act, it constitutes a justifiable act (see Supreme Court Decision 2003Do3902, Apr. 13, 2006). Considering the following facts and circumstances acknowledged by the above evidence, it is difficult for the Defendant to evaluate that the act was detrimental to the utility of the entrance when the entire assessment of the act was made by removing the hand in order to replace the entrance gate gate knife.