The defendant's appeal is dismissed.

1. The gist of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal doctrine) is the land that the Defendant cultivated on the grounds of the facts charged (hereinafter “instant land”) is the land that the Defendant had cultivated on the grounds of argument. After the victim acquired the ownership of the instant land, the Defendant’s possessory right was deprived of it without permission, and the land adjacent to the instant land (or G/H land at the time of Jin-si and H) was cultivated at this place.

On the boundary with the instant adjacent land (hereinafter referred to as the “instant adjacent land”), the ditches arbitrarily entered in the facts charged (hereinafter referred to as the “instant ditches”) was created.

However, since the land of this case and the adjacent land of this case cannot flow water into the rice due to the ditches of this case as a single issue, the defendant inevitably filled the ditches of this case into the land of this case and the adjacent land of this case.

In other words, the ditches of this case is nothing more effective in the farming company and rather obstruct it, and it cannot be the object of the crime of damage to property due to no economic value, and therefore, it has impaired the utility of the ditches of this case due to the defendant's act.

not, but not, the agent.

Even in light of the above circumstances of this case, the defendant's act constitutes a justifiable act that does not go against the social norms, and thus, is not illegal.

2. Determination

A. The crime of damage to property under Article 366 of the Criminal Act is established when it causes damage to the utility of another person's property by destroying, concealing, or any other means. The phrase "accomponing the utility" refers to not only making it impossible to use the property for its original purpose, but also making it impossible to use it temporarily (Supreme Court Decision 92Do1345 delivered on July 28, 1992). The following circumstances can be acknowledged by the evidence duly adopted and investigated by the court below and the court below.