The prosecutor's appeal is dismissed.

Summary of Reasons for appeal

A. The Defendant, by assaulting the victim, deducted the documents possessed by the victim, went away to the management office of the apartment, and the police called the scene and returned the above documents to the victim.

Although the defendant concealed the location of the above documents and prevented the victim from using the above documents in compliance with the purpose of the victim, the court below acquitted the defendant on this part of the facts charged, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of 500,000 won) is too uneased and unfair.

2. Determination:

A. The crime of damaging property under Article 366 of the Criminal Act as to the assertion of misunderstanding of facts as to the acquittal portion is established when it damages or conceals another person’s property, documents, etc. or impairs its utility by other means.

The term "cidation" in this context means that it is difficult or impossible to detect any goods, documents, etc. by making it impossible to detect them, thereby impairing their utility, and the term "discipation of utility" in this context means not only making it impossible to serve the original purpose of use of the goods, but also making them in a state in which it is impossible to use them temporarily.

The following circumstances are acknowledged by the evidence duly adopted and examined by the court below, namely, ① the victim received a copy of the “data on Representatives of Residents in the 13th and July of the 13th apartment (hereinafter “the document of this case”) from E, a representative of the above apartment complex, from E, which is the 407 representative representative of the above apartment complex. The victim was deprived of the defendant at the bus stops adjacent to C, and ② the victim was driving away from the management office of the above apartment with the knowledge that the defendant had escaped immediately.