The prosecutor's appeal is dismissed.

1. The main purpose of the Reasons for Appeal is “operation”, and the Defendant’s act of driving the car of the victim for about one hour and thirty minutes as stated in the facts charged, which makes it impossible for the victim to drive the car for “operation” as stated in the facts charged, thereby impairing the utility of the car by any other means. However, the lower court which acquitted the Defendant of the facts charged in the instant case, is erroneous in matters of law by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. On August 20, 2014, the Defendant found that the victim E parked in the “D” parking lot located in Sacheon-si, Sacheon-si, Sacheon-si on August 20, 2014, and, on the ground that the victim did not pay rent, etc., caused the victim to set the front and rear of the said car and one ton cargo vehicle, thereby allowing the victim to drive the vehicle for about one hour and 30 minutes in front of the said car, thereby allowing the victim to drive the vehicle.

B. The lower court acquitted the Defendant of the facts charged in this case on the ground that: (a) the relationship with the damage and concealment of property, which is a type of other acts of the crime of causing property damage, and the legal interest protected by the law of the crime of causing property damage, is the ownership; and (b) the function or utility of the “goods themselves” should be damaged or reduced in order to constitute an infringement of utility by other means; and (c) the fact that the Defendant temporarily obstructed the operation of the victim’s vehicle in front and rear by temporarily blocking the victim

C. The crime of causing property damage under Article 366 of the Criminal Act is established when the property of another person is destroyed, concealed, or damaged its utility by other means. Here, the term "conscising the utility of the property" means, in fact, making the property in a state where it cannot be used for its original purpose of use due to its appraisal, and includes temporarily converting the property into a state where it cannot be used.