The judgment below

The conviction part is reversed, and that part of the case is remanded to the Daejeon District Court Panel Division.

The grounds of appeal are examined.

1. The crime of destroying and damaging documents shall be established by destroying, concealing, or impairing the utility of, the documents owned by another person; and it shall include not only making the documents unusable for the original purpose of use, but also temporarily making them unusable;

(See Supreme Court Decisions 84Do2290, Dec. 26, 1984; 93Do2701, Dec. 7, 1993). Therefore, the crime of destroying and damaging documents may be established even in cases where a document posted at a certain place according to the owner’s intent is removed against the owner’s intent to remove the document, and thus makes it temporarily impossible to use the document due to the owner’s intention by changing the existing use condition formed according to the owner’s intention.

However, since the crime of destroying and damaging documents is intended to protect the owner of a document from possessing and using the document, if the previous use of a document is made against the will of the owner of the document or against the will of the owner of the document, it is merely merely to remove or alter the previous use condition, and if it does not cause any obstacle to the use of the document by the owner of the new document by destroying and concealing it, it cannot be said that the use value of the document would be temporarily impaired, that is, the crime of destroying and damaging documents is not established

2. The summary of the facts charged in the instant case is that the Defendant, as the occupant of the instant apartment, is the chairperson of the Emergency Countermeasure Committee to oppose the construction of the Asan City D (hereinafter “Non-Subrogation”). On August 1, 2012, the head of the instant apartment management office posted a notice on the elevator wall, the head of the instant apartment management office, at around 20:38, up to 2012, on the elevator wall, 303 Dong 34, Asan City D New City (hereinafter “the instant reply document”).