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(영문) 제주지방법원 2020.11.26 2020노146
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts did not constitute a crime of causing property damage on the ground that the Defendants separated the contact part of the pipe connected to the distribution of electricity into the rash, cut back the pipe, and arranged it in the vicinity of the container as they were. The CCTV was separated from the former guidance of CCTV, and only did it have been put on the container, and there was no fact that it was damaged.

B. Despite the fact that the victim of the misapprehension of the legal doctrine is not a legitimate person, he arbitrarily exercised the right of retention against the instant C, thereby obstructing the passage of the residents by installing a container on the way of passage, and the Defendants are only limited to the minimum passive response, so the illegality is dismissed as it constitutes self-defense or legitimate act.

2. Determination on the grounds for appeal

A. The crime of causing property damage under Article 366 of the Criminal Act, which is established in cases where the utility of another person’s property is damaged by damage, concealment, or other means. Here, the phrase “the utility” under this refers to not only the original purpose of use of the property but also making it impossible to use it in a state where it would impair its utility.

(See Supreme Court Decision 92Do1345 delivered on July 28, 1992). According to the evidence duly admitted and investigated by the court below, the Defendants removed pipes connected to the electrical distribution with the container as stated in the facts charged in the instant case, and left the pipe in the vicinity of the instant container and left it unattended, and during that process, the Defendants appear to be unable to reuse the entire electrical distribution box unless they are replaced. The Defendants removed the entire part of the camera from CCTV, not from the CCTV, but from the CCTV, the entire part of the camera was removed. In the process, the parts of the cameras were destroyed to the extent that it is difficult to reuse the circuits.

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