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(영문) 청주지방법원 2017.08.11 2017노183

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is true that the Defendant, who damaged property, extracted or cuts trees owned by the Victim C.

However, at the time, there was no perception of illegality as the victim C did not think that the victim C did planting trees without permission on the land of the defendant.

Nevertheless, the court below found the defendant guilty of this part of the facts charged, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

B. The Defendant suffered injury only when the victim F puts the G Geman Gemang Gemang Gemang Gemang Gemang Gemang Gemang who was accumulated in the boundary part of land, and was placed in the boundary part to restore it to its original state, and there was no injury to the victims by throwing the victims up to the victim C's shoulder part by hand

Even if the victims were in the process of leaving Gemaniums on the boundary, there was an intentional injury.

shall not be deemed to exist.

Nevertheless, the court below found the defendant guilty of this part of the facts charged, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

2. Summary of each of the facts charged in this case and the judgment of the court below

A. The summary of each of the facts charged in this case is as follows.

(1) Around 07:00 on April 28, 2016, the Defendant damaged the property by taking or cutting down the 9g trees of approximately KRW 450,000 (hereinafter “the instant trees”) out of or on the aggregate of the market price of each room owned by the victim, which is approximately KRW 50,000,000, on the ground that there was a dispute over the land boundary with the victim in Yyang-gun-gun, Chungcheongnam-gun, the Mayang-gun, the Victim owned by the victim C, on the ground that there was a dispute over the land boundary with the victim.

B. On August 29, 2016, the Defendant 15:10 on August 29, 2016, 2016, she laid down a son F (F, 60 years of age) and the Victim C (F, 66 years of age) he stockpiled by the Defendant.