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(영문) 광주지방법원 순천지원 2014.11.19 2014고정393

재물손괴미수

Text

The sentence of the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, as a person growing a shot tree in Jeonnam-gun C, was dissatisfied with the fact that the victim D, while growing a shot tree from Jeonnam-gun, was fluoring the water into one’s dry field. On February 2014, the Defendant attempted to damage another’s property because the Defendant attempted to 70 shot trees out of the nine-year old shot tree, where the market price of which is unknown, by piling up a soil embankment with a height of 40 meters and a height of 1 to 3 meters on the dry field and boundary of the victim, and making it difficult for the Defendant to drain up the water of the shot tree field with a height of 1 to 3 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Application of the relevant Acts and subordinate statutes, such as evidence photographs, cadastral map, drainage level, and certified copy of the register;

1. Relevant Article 371 of the Criminal Act and Articles 371 and 366 of the Criminal Act concerning the crime, the choice of fines;

1. Article 59(1) of the Criminal Act (Article 59(1) of the Suspension of Pronouncement of Sentence (Article 59(1) of the Criminal Act: Penalty 500,000 won (the detention in a workhouse for a period converted by a fine of 100,000 won per day), the defendant is against the defendant, there is no criminal record exceeding the fine, and the victim performed ordinary work in around 2010, in the case of the victim whose substantial flow of flowing water has been drained in a way to the right side of the water as the stairs type. As a result, since the height of discussion is higher than that of the victim, the flowing water is not drained to that of the victim, and as the damage was inflicted as a result, the defendant demanded the victim to install a water-flow facility, but it appears that the victim refused it, which led to the instant crime)