The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below acquitted the defendant of the facts charged in this case, although the defendant could sufficiently recognize the fact that he had impaired the utility by removing a physical coinyl chloride owned by the victim. Thus, the court below erred by misapprehending the legal principles.

2. Determination

A. The summary of the facts charged in the instant case is around 17:00 on June 8, 2017, the Defendant: (a) around 17:00, at the discussion in the Jeonnam-gun, Jeonnam-gun; and (b) the Defendant, while the Defendant was working as a matter of view due to the collision between the victim C and the droughts, lost its utility by removing a water tank vinyl on the market price, which was set up by the victim on the walth of the said argument for the air to the

B. The lower court’s judgment 1) In the crime of destroying and damaging property, “where the utility is harmed by causing damage or concealment” includes not only a material destruction that makes goods, etc. unusable for its original purpose, but also a case where they lose utility by making them difficult to play a specific role, such as temporary goods, etc. Here, whether the utility of the goods, etc. has been impaired should be determined in accordance with social norms by comprehensively taking into account the difficulty in restitution to the original state, the cost required, the purpose and continuity of the act, the situation at the time of the act, etc. (see, e.g., Supreme Court Decisions 2007Do2590, Jun. 28, 2007; 2016Do9219, Nov. 25, 2016). According to evidence duly adopted and examined by the lower court, the Defendant, as stated in the facts charged, retired from the instant case, a water tank vinyl (a “waste vinyl,” thereby blocking the agricultural water from a water tank.

However, the defendant can find again the place where the above plastic vinyl was laid down without any big difficulty near the farm road, and put the waste vinyl again into a new place to stop the farm road, and it can be used to stop it.