The defendant shall be innocent.

1. On August 20, 2014, the Defendant discovered that the victim E is parked in the “D” parking lot located in Sacheon-si, Ma on August 20, 2014, and, on the ground that the victim does not pay rent, etc., made the use of the said vehicle owned by the victim by having the Tracter and one ton cargo vehicle in front and rear the said vehicle for about one hour and 30 minutes in front and rear the said vehicle so that the victim cannot operate the vehicle.

2. According to the statement and the evidence submitted by the Defendant in this court, the fact that the Defendant was unable to operate the said vehicle for about one hour and thirty minutes before and after the vehicle owned by the victim parked in order to prevent the movement of the victim is recognized, but the fact that the Defendant was unable to operate the said vehicle for that time is difficult, but there is no other evidence to support the fact that the said recognition alone does not affect the utility of the vehicle owned by the victim by other means.

In other words, the term "influence of utility by other means" under Article 366 of the Criminal Act means a situation in which goods can not be used in accordance with the original usage of the goods in fact or by other means than the concealment of damage. It includes a situation in which goods cannot be temporarily used in accordance with the original usage of the goods. However, in order to constitute "influence of utility by other means" in light of the relationship with the destruction and concealment of goods, which are different types of acts in the crime of causing property damage, and the protected legal interest in the crime of causing property damage, the function or utility

However, it cannot be said that the utility of a passenger car has been infringed solely on the fact that the defendant was unable to temporarily block the front and rear of the victim's car.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, the judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure