재물손괴죄에 있어서 효용침해에 관한 검토-한국과 일본의 논의를 중심으로-

Abstract

This study investigated the crime of causing property damage based on precedents which admitted the crime of causing property damage for writing graffiti on buildings and on discussion status about the matter. To be more concrete, this study compared and reviewed discussions of Korea and Japan and drew a following conclusion regarding the significance and conclusion range of utility violation. First, to define the concept of utility violation, only the intrinsic utility violation falls under the crime of causing property damage. The concept of utility violation itself can be classified into intrinsic utility violation and general utility violation, but only the intrinsic utility violation is established as the crime of causing property damage by other ways. Then, the intrinsic utility violation is only recognized as a crime of causing property damage when actual utility violation takes place due to direct action of a doer, and cases of when it cannot be used for emotional reasons of a victim will be excluded. Lastly, providing various standards when judging the utility violation for a crime of causing property damage is not an important matter, but it is necessary to suggest the original use and utility of property and a standard to determine who actually violated the intrinsic usage. The utility violation is not a clear-cut concept in terms of the crime of causing property damage, but continuous review and research on the matter are considered to become more clear.