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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
(In fact, it was true that the Defendant removed the gas boiler for the heating of this case. However, the said gas boiler was owned by the Defendant as being installed by him in order to enter his own expenses in the management room after the construction of the building, and it was not possible to use the boiler in the process of removal, and there was no fact that the boiler was damaged in the process of removal. Therefore, the Defendant’s act does not constitute damage.
Judgment
"Destruction" includes an act detrimental to the utility of another person's property or documents, etc., where the property cannot be used for its original purpose due to material destruction, as well as where the property is temporarily made in a state in which it cannot play a specific role, even if it is temporarily made.
(See Supreme Court Decision 2006Do7219 Decided December 22, 2006, etc.). In full view of the evidence duly admitted and examined by the lower court, such as the police statement of H, which had been in charge of supervising the building where the instant gas boiler was installed, the instant gas boiler was already installed prior to the approval of use of the building. The Defendant can be found to have disposed of the gas boiler at will while he occupied part of the building, including the part of the building where the gas boiler was installed with a permit granted by the owner of the building.
Comprehensively taking account of the aforementioned legal principles and the factual relations, the instant gas boiler ought to be deemed the ownership of the building owner. The Defendant arbitrarily removed and disposed of the gas boiler, which is the property owned by another person, so that such owner could no longer use it for its original purpose. Accordingly, it constitutes an act of destruction.
Furthermore, it can be sufficiently recognized that there was a criminal intent of damage to the defendant when comprehensively considering the relationship between the defendant and the complainants, the details, methods, and timing of disposing of the gas boiler.