The nature of the crime of causing property damage (affirmative) in a case where steel nets and warning plates installed on the boundary of land clarified by a judgment are put up (affirmative)

Since the act that harms the utility of the crime of causing property damage is also a case where the specific role of the temporary property cannot be performed in a state, the crime of causing property damage is established when the role as a fence is done by cutting the wire-light network and warning board set up on the boundary of the land which is clarified by the judgment.

Article 366 of the Criminal Act

Defendant

Defendant

Chuncheon District Court Decision 81No651 delivered on April 1, 1982

The appeal is dismissed.

The defendant's grounds of appeal are examined.

1. Examining the records in comparison with the records at the time of the judgment of the court of first instance cited by the court below, the court below's measures supporting the judgment of the court of first instance which recognized the defendant's criminal facts are just and acceptable, and there is no violation of the rules of evidence against the rules of

2. In the crime of causing property damage, the term "damage" means not only a case where the act of material destruction makes it impossible to serve the original purpose of the goods but also a case where the act of material destruction is in a state where the specific role of the goods cannot be done temporarily. According to the established facts in this case, according to the facts in this case, the defendant set up a steel view and warning board installed on the boundary of the land ordered by the judgment of the defendant's site name as well as his employees, so even if the steel net and warning board were not damaged from material damage, it can be deemed that the defendant played a role as a fence installed on the boundary of the land even if the steel net and warning board were not damaged from material damage, so the court below's decision that affected the utility of the above steel net, etc. was just, and there is no error in the incomplete deliberation and application of the law, such as the theory of lawsuit, and there is no error of law.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kang Jong-young (Presiding Justice)