beta
Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Where the original utility of the victim's clothes is reduced or cannot be used for the purpose of use because it is not clear of the gist of the grounds for appeal, and the result of the damage of property constitutes the result of the damage of property, and the defendant takes clothes of the victim in the course of assaulting the victim;
Even if the victim's clothes could have been intentionally damaged, the court below rendered a not-guilty verdict on the damaged part of the facts charged in this case. In so doing, the court below erred by misapprehending the legal principles or misunderstanding the facts.
2. Determination
A. The lower court determined that the Defendant’s act was an intentional act of assault and intentionally committed an intentional act of assault, and committed an intentional act of damage to property, on the ground that the Defendant’s breath of the Victim G in the process of cutting down the breath of the breath in the course of the Victim G’s breath, and the breath of the victim I, who entered the main place inside the main place, was teared, and the breath of the breath of the breath in the course of the breath of the breath of the Victim G.
는 단정할 수 없고, 한편 안경이 다소 휜 정도만으로는 그 효용을 해하였다고
The court judged that this part of the facts charged cannot be seen, and sentenced not guilty.
B. However, the above determination by the court below is not acceptable for the following reasons.
In recognizing the criminal intent of the damage of property, it is not necessarily necessary to have a planned intention of damage or actively wish to damage the property, but there is a perception that it would lose the utility of property against the owner's will.
In this context, the term "proving the utility of property" includes not only converting the thing into a state which is unusable for its original purpose, but also converting it into a state in which it is temporarily unusable (see Supreme Court Decision 2009Do182, Mar. 12, 2009). In addition, the defendant is like this part of the charges.