The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant, at around 17:00 on June 8, 2017, was removed a water tank vinyl in the market price, which was set up by the victim C and the droughts, to the atmosphere in order to maintain the well in the atmosphere, and thus, the Defendant was effective by removing a water tank vinyl in the market price, which was set up by the victim on the next C and the droughts.

2. Determination

A. In the crime of destroying and damaging property in the relevant legal doctrine, the phrase “where the utility is harmed by damage or concealment” includes not only the case of changing the article, etc. into a state in which it cannot be used for its original purpose, but also the case of changing its utility by temporarily making it impossible to play a specific role such as the article, etc.

In this context, the degree of difficulty of restitution to the original state, the purpose and duration of the act, and the situation at the time of the act should be determined in accordance with social norms by comprehensively taking into account all the circumstances.

(Supreme Court Decision 2007Do2590 Decided June 28, 2007 and Supreme Court Decision 2016Do9219 Decided November 25, 2016). (B)

In the instant case, according to the evidence duly adopted and investigated by the court, the fact that the Defendant, like the facts charged, was found to have discharged water from a farming channel by cutting off the water tank vinyl (the “waste vinyl” was assembled by C, and caused water to flow out on a water surface) from a farming channel.

However, in view of the fact that the Defendant’s place where the above plastic paper was laid down can be found without any big difficulty near the farm road, and the waste vinyl may be assembled and used to block farming waterways, and that there is no effort or cost, and that the waste vinyl itself does not interfere with the use of the farm road, it is difficult to evaluate that the Defendant has impaired the utility of the above waste vinyl.

[Judgment of the Supreme Court (2017Do18807) referred to in the opinion of the public prosecutor (2017Do18807) has moved the advertising board to a container warehouse, and locked the door.