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Reasons
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(영문) 창원지방법원 거창지원 2013.04.10 2012고정131
재물손괴
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Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 21, 2012, the Defendant: (a) extracted 7 columns of electric fences connected with electric wires located in the market price imprisony in the land owned by the victim D in the land owned by Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun.

Summary of Evidence

1. Partial statements by the defendant in this Court;

1. Application of each of the Acts and subordinate statutes to witness D and E in this Court;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order acknowledged that the defendant extracted 7 columns of the electrical fence as stated in the above facts constituting the crime, but they claimed that "it did not harm the utility of the electrical fence."

In the crime of destruction and damage of property, the term "damage" means not only a case where a thing cannot be used for its original purpose, but also a case where the thing cannot be used for its specific purpose temporarily (see, e.g., Supreme Court Decision 82Do1057, Jul. 13, 1982). Thus, the electrical fence columns extracted by the defendant were installed to protect the livestock of the F farm in which the victim is his own management from other animals. Since the above columns were extracted and cannot play a role to protect the livestock of the farm, the above actions by the defendant can be evaluated as impairing the utility of the electrical fence columns.

Therefore, we cannot accept the above argument of the defendant and defense counsel.

Parts of innocence

1. Around 11:00 on June 21, 2012, the Defendant: (a) extracted five electric fences (in the form of columns) at the victim’s seat at the center of the F farm at the entrance of the F farm in the victim D management; (b) removed or destroyed five electric fences (in the form of the victim’s seat), the market price of which is equivalent to KRW 200,000,000,

2. Determination.

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