재물손괴
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The defendant does not pay the above fine.
1. The summary of the facts charged of the instant case is as follows: (a) from April 17, 2013 to April 19, 2013, the Defendant extracted 10 scam trees owned by the victim from the land owned by the victim C during permanent residence (hereinafter “C land”) on the land owned by the victim C during the period from April 19, 2013 to April 19, 2013; and (b) cut soil after cutting the victim’s land at a height of 20 meters, width of 7 meters, and height of 2 meters, and then filled up the land owned by the victim when the Defendant permanently owns the land E (hereinafter “E land”), and the Prosecutor damaged the land owned by the victim on the date of the first trial on March 2, 2016.
The statements were made.
2. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the reasons for appeal, the fact that the Defendant, even with knowledge that the land where private trees and private trees were planted was owned by the victim, extracted the private trees and cut the land and destroyed the land sufficiently can be recognized.
Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.
3. Determination
A. The following circumstances, i.e., ① the first F of the Party F owned the land E and the C land attached to the land, ② the victim purchased the land C from G on January 6, 2003; ② the Defendant purchased the E land from F on March 17, 2009; ③ the F was present at the court of the lower court and was present at the court of the lower court to hold the E land at the time of owning the E land.
G with the permission of G, the part of the said C land was planted as well (the trial record No. 80,81 of the trial record), and “FA based on the place of telegrams, and as the bottom thereof, G planted each apology (the trial record No. 94 of the trial record).” In the field photograph (the investigation record No. 12-14 of the trial record), in consideration of the field photograph (the investigation record No. 12-14 of the trial record), F planted f in the price of telegrams inside the land.