Kernrechtsfrage
Whether the accused's removal of the elevated fountain-house structure constituted criminal damage.
Extrahierter Entscheid
Yes. The sanitation works were lawful, the structure was necessary under technical standards, and the accused unlawfully made it unusable.
Extrahierte Begründung
The servitude holder was entitled to maintain the source capture and had to choose the least burdensome technically equivalent option. The court found only an elevated structure met the recognized technical rules; therefore the accused had no basis to remove it and committed damage under Art. 144(1) StGB.