(영문) 서울중앙지방법원 2014.08.22 2012노1647 (2)

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(영문) 서울중앙지방법원 2014.08.22 2012노1647 (2)

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The defendant above.

Reasons

1. The misapprehension of the legal principle on the grounds of appeal (the court below erred in finding not guilty of the damage to property among the facts charged against the defendant although the defendant, by extracting CCTV cables and harming the utility of CCTV cables), and unjust sentencing.

2. The crime of destroying or damaging property by this court is established when the utility of another person's property is damaged by damage, concealment, or any other means, and temporary conversion of another person's property into a state in which the specific role of the property cannot be performed constitutes the crime of undermining

(see, e.g., Supreme Court Decisions 82Do1057, Jul. 13, 1982; 2006Do7219, Dec. 22, 2006). According to the evidence duly admitted and examined by the lower court, the fact that the victim installed CCTV on a corridor for the management of the building or the security of the building, and that the Defendant did not extract the above CCTV cable from the dispute over the use of the building with the victim so that the photograph could not be taken. This act of the Defendant constitutes a case where the utility of the CCTV could not be played temporarily.

(2) The prosecutor's assertion of the legal principles that points this out has merit is justified. It is so decided as per Disposition by the assent of all participating Justices on the bench.

3. As such, the crime of causing property damage to the defendant and the violation of the Punishment of Violences, etc. Act (joint residence) and the violation of the Punishment of Violences, etc. Act (joint property destruction and damage) are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed. Thus, the part of the judgment of the court below against the defendant among the judgment below without examining the prosecutor's allegation of unreasonable sentencing is reversed, and the decision is

Criminal facts and the summary of evidence of the defendant recognized by the court and their evidence.

참조조문

-폭력행위 등 처벌에 관한 법률

참조판례

-대법원 1982. 7. 13. 선고 82도1057 판결

-대법원 2006. 12. 22. 선고 2006도7219 판결

유사 판례

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