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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant was under dispute with regard to whether the victim D (61 years old, South and North) and the victim have a lien on the building in Jindo-gun E owned by the defendant.

On April 18, 2017, at the entrance of the above building around 12:00, the market price of the damaged goods in the facts charged shall be modified and recognized in accordance with the evidence duly adopted and examined by this court to the extent that it does not interfere with the defendant's exercise of his/her right to defense, by extracting the hacker set up by the defendant at the entrance of the above building, to the extent that the market price cannot be accurately known.

Property was damaged.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of witness D and F;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to photographs at construction sites of G convalescent hospitals;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion that it does not fall under damage;

A. The Defendant asserts that he only extracted the hives of the ruling from the ground, and the hives of the hives can continue to be used.

Since the defendant did not harm the utility of the 쇠 column in the judgment, the defendant's act does not constitute damage.

B. The crime of destroying property is established when a special media record, such as another person’s property, documents, or electronic records, is destroyed or concealed by any other means to impair its utility (Article 366 of the Criminal Act). Here, where the utility is impaired by any damage or concealment or by any other means, it includes not only the case of converting goods, etc. into a state in which they cannot be used for its original purpose, but also the case of reducing their utility by temporarily creating them into a state in which they cannot play a specific role such as goods (see Supreme Court Decision 2016Do9219, Nov. 25, 2016, etc.).