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(영문) 인천지방법원 2018.10.31 2018고단998
재물손괴
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant, on January 25, 2018, operated by the victim C at the parking lot of the building B in Bupyeong-gu Incheon, Bupyeong-gu, Incheon on January 25, 2018.

D Finding that a low-income motor vehicle is parked without permission, the use of the 쇠s, which was located in the parking lot, was made by preventing the operation of a vehicle by binding it on the front and front wheelchairs of the vehicle.

2. Determination

A. The crime of damaging property under Article 366 of the Criminal Act is established when it damages or conceals another person's property or impairs its utility by any other means. Here, the phrase "in fact that it impairs its utility" refers to making the property unused for its original purpose by appraisal, and includes temporarily making the property unused (see Supreme Court Decisions 71Do1576, Nov. 23, 1971; 92Do1345, Jul. 28, 1992; 2007Do2590, Jun. 28, 2007; 1) The record of this case reveals that the defendant, who moved into the above 5 wheeled vehicle without permission, without permission, was using the 5 wheeled vehicle in front of the 1st parking lot (hereinafter referred to as "motor vehicle in front of the 2nd parking lot") and without permission by the defendant.

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