A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 10, 2019, around 00:35, the Defendant demanded the victim C to set fire on the street around the Gangnam-gu Seoul building, but the said victim refused to do so. However, on the ground that the victim's trees owned by the victim's trees were cut down over the floor by cutting down the defrating the defrat portion, so the tree was extracted up to the roots, thereby impairing the utility of the tree equivalent to 100,000 won at the market price and 500,000 won at the market price.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by C of a witness in the fifth trial record;

1. Statement of the police statement regarding C;

1. Application for ammunition;

1. Investigation report (Confirmation ofCCTV viewing);

1. On-site CCTV images;

1. Four copies of a photograph related to an accident;

1. On-site photographs;

1. Application of CCTV-cape Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 366 (Selection of Imprisonment)

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. Although the gist of the assertion was the fact that the Defendant sealed the fire that he owned by the victim at the time and place stated in the facts constituting the crime, the said chemical powder merely takes advantage of the rubber material without incidental facts, and it does not decrease the utility of the chemical powder due to the Defendant’s act, it cannot be viewed as the damage.

2. Determination

A. The crime of causing property damage is established when a special media record, such as another person’s property, documents, or electronic records, is destroyed or concealed, thereby impairing its utility.

(Article 366 of the Criminal Act. Here, where the utility of a product is harmed by damage, concealment, or by any other means, it includes not only when the product is made in a state in which it cannot be used for its original purpose, but also when the product is made in a state in which it cannot play a specific role such as temporary goods (see Supreme Court Decision 2016Do9219, Nov. 25, 2016).