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The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
Reasons
1. The summary of the facts charged and the victim B are adjoining neighbors, and there was no need for the Defendant to keep food waste out of common stairs prior to that time.
At around 22:40 on July 25, 2019, the Defendant, who was parked under the CHousing D through Facac, destroyed the victim’s property by disposing of the non-waste waste in the same way in the same place from around 22:00 on August 3, 2019 to KRW 8,302,910 on a total amount of two occasions.
2. Although the Defendant’s assertion of the Defendant and the defense counsel stated two times as indicated in the facts charged, the said car was damaged so that the repair cost of KRW 8,302,910 can not be considered to have been reduced.
3. The crime of destroying or damaging property under Article 366 of the Criminal Act shall be established in cases where the property of another person is destroyed or concealed, or where its utility is impaired by other means;
Here, the term "proving the utility of property" means de facto or emotionally converting the property into a state in which it can not be provided for its original purpose of use, and includes temporary converting the property into a state in which it can not be used.
In particular, whether an act of throwing garbage outside the vehicle such as the main set of the vehicle, etc. constitutes an act that impairs the utility of the vehicle should be determined in accordance with social norms by comprehensively taking into account all the circumstances, such as the purpose and function of the vehicle in question, the impact of the act on the vehicle operation and the degree of undermining the aesthetic view of the vehicle in question, the displeasure or resistance of the vehicle owner, the difficulty and difficulty of restitution, expenses incurred therein, the purpose and continuity of
(see, e.g., Supreme Court Decisions 2007Do2590, Jun. 28, 2007; 2017Do20455, Mar. 27, 2020). Such legal principles and records of this case.