Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a person who operates Cock Points as a member of the B Rebuilding Emergency Countermeasure Committee.

피고인은 2018. 7. 20. 18:40경 대구 서구 D에 있는 주택의 출입문 앞에서 피해자 B재건축조합이 위 주택 벽면에 설치해 놓은 「선량한 주민들을 이용하여 개인사리사욕 챙기려는 “E 그만두라！”」는 내용이 기재된 현수막을 발견하고 피고인이 운영하는 서점의 상호가 현수막에 기재되어 생계에 지장이 있고 명예가 훼손된다는 이유로 피해자 소유인 시가 50,000원 상당의 위 현수막을 칼로 끈을 잘라 철거하였다.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. As to the attachment, such as a report on the occurrence of a case to be challenged with the damage of property, a field photograph, internal report (victim’s statement and field confirmation), investigation report (CCTV, and a photograph by cutting down) [1. Property which is the object of the crime of causing property damage does not necessarily have a monetary exchange value, and is sufficient for the owner to have a subjective value (see, e.g., Supreme Court Decisions 2004Do5183, Oct. 28, 2004; 2007Do2595, Aug. 23, 2007). Even if a banner containing any content that defames another person, it shall be deemed that the owner has a subjective value, and it shall be deemed that it constitutes the object of the crime of causing property damage under the Criminal Act.

2. The crime of destroying or damaging property is established when the property of another person is damaged or concealed, or when the utility thereof is harmed by other means. Here, the term "provoking the utility of property" means making the property in a state in which it is virtually or as an appraisal makes it impossible to be used for its original purpose; and