Text
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the facts charged is a person running gas facility construction business C.
On September 23, 2016, the Defendant entered into a contract for the construction of urban gas around December 2, 2010 with residents of the above 4 generations, and entered into a new contract with residents around December 2010, the Defendant damaged the gas pipeline installed by the victim on the ground that the victim I entered into a new contract with residents around December 2015 and performed installation works of urban gas pipelines.
2. Determination
A. The facts charged in the instant case reveal that the Defendant arbitrarily damaged urban gas pipelines owned by the victim I (hereinafter “urban gas pipelines in this case”).
B. However, according to the records, the victim entered into each urban gas construction contract with the housing resident as stated in the facts charged of the instant case with the purport of receiving the payment of construction cost of KRW 2.5 million to KRW 3.6 million (hereinafter “the instant urban gas construction contract”), and acknowledged the fact of installing the instant urban gas pipeline according to the aforementioned contract.
(c)
In addition, it is reasonable to view that the damaged person's gas pipeline was cut in conformity with the size of pipelines for the purpose of supplying urban gas to the above housing, and then, it is possible to re-use the above high-water pipe at another construction site by separating it, and it is also consistent with the above housing, since it is difficult to view it as an object of separate ownership in the transaction with the existing housing and independent economic utility in terms of its physical structure, use and function, and it is difficult to view it as an object of independent ownership in the transaction. On the contrary, it is not consistent with the above housing.