beta
(영문) 전주지방법원 2015.06.24 2015고정57

재물손괴

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in agriculture.

On March 29, 2014, the Defendant, at around 09:00, set a dry field owned by the victim D (70 years of age) located in Jinando, North Korea, North Korea, and on the ground that the Defendant increased it to the dry field owned by the Defendant, the Defendant left well 70gs owned by the victim for eight years, who were planted to distinguish the dry field and the boundary of the dry field owned by the Defendant.

As a result, the defendant damaged the 3.5 million won worth of the reported amount of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of each police statement regarding D;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Although the defendant well paid the instant tree, he/she obtained the consent of the victim before it.

2. According to the evidence revealed earlier, although there was a fact that the Defendant spawn or exchanged with the victim at the time of planting the instant tree or thereafter, there was no evidence to acknowledge that the Defendant obtained consent from the victim on the well-being of the instant tree, and instead, it can only be recognized that the Defendant received a claim from the victim on the well-being of the instant tree even before the instant case.

Therefore, the defendant's assertion is not accepted.

The punishment shall be determined as ordered in consideration of the following: the reason for sentencing of the instant case; the fact that the trees owned by the victim are fences, not for the use of fruit trees; and that the defendant has no previous conviction.