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Main Issues
The meaning of "encing the efficacy" in the crime of causing property damage.
Summary of Judgment
The crime of destroying and damaging property under Article 366 of the Criminal Act is established when the utility of the property of another person is harmed by destroying, concealing, or any other means. Here, the utility of the property mentioned above is not only to bring the property into a state where it cannot be used for its original purpose, but also to bring it into a state where it cannot be used temporarily.
[Reference Provisions]
Article 366 of the Criminal Act
Reference Cases
Supreme Court Decision 71Do1576 delivered on November 23, 1971 (No. 193 type50)
Escopics
A
upper and high-ranking persons
Prosecutor
Judgment of the lower court
Daejeon District Court Decision 91No1276 delivered on April 24, 1992
Text
The appeal is dismissed.
Reasons
We examine the grounds of appeal.
Upon examining the record, we affirm the reasoning of the court below's without recognizing the fact of concealing property, and there is no error of law by misunderstanding the legal principles on the crime of concealing property or the violation of the rules of evidence.
In addition, the crime of causing property damage 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 term "conscising the utility" means not only to make it impossible to use another person's property for its original purpose of use, but also to make it impossible to use it temporarily. However, in this case (see Supreme Court Decision 71Do1576 delivered on November 23, 1971). However, in this case, there is no reason to argue that the defendant brought the victim B into a place where the victim was spokend and deducted the victim's bank to go back to the place where the victim was spokend, and the defendant returned to the place without going back to the place where the victim was spokeed, and thus, it cannot be said that it constitutes a case where the victim was frightd to find the victim, concealed the property, or impaired the utility thereof.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Jong-soo (Presiding Justice)