Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On September 14, 201, at around 10:0, the Defendant damaged the property by cutting off a banner of an amount equivalent to 70,000 won at the market price owned by the victim, who was the lessee of the above building, on the ground that the victim D, who was the lessee of the above building, does not put the building at the expiration of the lease term, on the ground that the lease term expires.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution concerning D;

1. As to the Defendant’s assertion on a written estimate, the Defendant asserts that the said banner was removed and then was destroyed inside the door of the instant building, and thus, it does not constitute an act that does not go against the social rules, and that the said act constitutes an act that does not go against the social rules, since there was a risk of fire in the instant building, if the cigarette butts, etc. were installed outside the instant building.

First of all, the crime of causing property damage under Article 366 of the Criminal Code is established when it causes damage to the utility of another person's property by destroying, concealing, or any other means. The phrase "conscising the utility" refers to not only to converting the property into a state where it cannot be used for its original purpose, but also to converting it into a state where it cannot be used temporarily

(See Supreme Court Decision 93Do2701 delivered on December 7, 1993, etc.). According to the evidence duly adopted and investigated by this court, the defendant's removal of the banner as above was recognized that the victim was temporarily unable to use it. Accordingly, the defendant can sufficiently evaluate the utility of the banner. Thus, the crime of causing property damage is established.

Furthermore, "act which does not violate the social rules" under Article 20 of the Criminal Code refers to the act which can be accepted in light of the overall spirit of legal order or the social ethics and social norms in its surroundings.