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(영문) 광주지방법원 순천지원 2018.11.30 2017고단2306

재물손괴등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant stated in the indictment that “A, a village resident, owns the victim B(64)” as “A” in the bill of indictment owned by the victim B(64). However, the owner of the D’s land remaining in the Republic of Korea is C, a son of the victim B (see, e.g., evidence No. 19) and the victim is residing in the Republic of Korea E.

ex officio, the facts charged are revised as stated in the main sentence and recognized as criminal facts.

It is a person who sets up a farm house in the vicinity of the D Land in the South, North, Heung-gun.

1. On April 24, 2017, on April 24, 2017, the Defendant extracted two plug cards installed to indicate the access control by the injured party on the above land, thereby impairing the utility of plug cards discarded into the river, and removed b0 plug pipes (2m in length) and 20 plugs (50cm in length) with a view to indicating the boundary with the land owned by the Defendant adjacent to the above land.

Accordingly, the defendant damaged the property by impairing the usefulness of the victim's property, and removed the boundary mark, thereby making it impossible to recognize the boundary of land.

2. On May 3, 2017, the Defendant committed the crime at around 06:03 on May 3, 2017, on the ground that he/she extracted the hack pipe installed on the above land, he/she was aware of the victim’s face because he/she was aware of the hack pipe installed on the above land.

Accordingly, the defendant assaulted the victim.

3. The crime on May 4, 2017;

A. On May 4, 2017, around 02:31, the Defendant: (a) extracted two plug cards installed by the victim to control the Defendant’s access from the above land; and (b) discarded them into the river.

Accordingly, the defendant damaged the property by impairing the usefulness of the victim's property.

B. On May 4, 2017, around 17:00, the Defendant removed 20 hump pipes (two meters in length) and 20 hump posts (50cm in length) installed by the victim to indicate a boundary with the land adjacent to the above land owned by the Defendant.

Accordingly, the defendant is aware of the boundary of land by removing the boundary table.