2007Do6485 Property Damage and Damage

(Oms D - OS), DOTOS

Seoul Residence

Permanent Address Seoul

Prosecutor

Seoul Western District Court Decision 2007No166 Decided July 19, 2007

October 12, 2007

The appeal is dismissed.

Considering the reasoning of the judgment below and the records, the purpose and function of the wall of this case, the impact of the window and steel mold installed in the wall of this case on the ventilation, etc. of the building of this case on the air, the purpose and duration of the act, and all other circumstances such as the purpose and continuity of the act, the court below is just in maintaining the judgment of the court of first instance which acquitted the defendant of the facts charged of this case on the ground that it is difficult to see that the act of the defendant, who carried out an open air conditioner and electric distribution plate with the wall of this case, was detrimental to the utility of the wall of this case, and there is no violation of the rules of evidence or any misapprehension of legal principles as to the crime of destruction or damage, contrary to what is alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Poe-young

Jeju High Court Justice Kim Yong-dam

Justices Park Jong-hwan

Justices Kim Gi-hwan