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(영문) 대전지방법원 서산지원 2016.07.22 2015고단913

재물손괴

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 17, 2014, the Defendant: (a) had been awarded a successful bid of 32,974m2 in Seosan-si D Forest land owned by C around November 17, 2014; and (b) had the mind to carry on landscaping business by planting chere trees, etc., such as mountain fluties trees.

On May 2015, the Defendant arbitrarily cut down a tree nursery in the market value and quantity below the market value and quantity (less than 2,000) owned by the victim E, which was considered by the victim E to have been leased the above forest from the above C in the forest and field around May 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, E, G, C, and H in each part;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Some of the statements made by the prosecution against E;

1. Part of the police statements made in relation to E and F;

1. Partial descriptions of the G's certificate of fact;

1. Certified copy of the register, decision on permission for sale, consent letter, power of attorney, summary statement, forest management plan, forest management report, specification of sold goods, sign sign sign sign for lien event, each field photo, starting map, the current status of afforested land, application for inspection for completion of business, and application of Acts and subordinate statutes of the completed field;

1. Relevant legal provisions concerning criminal facts, Article 366 of the Criminal Act of the choice of punishment, and the choice of a fine (see, e.g., Supreme Court Decision 200Da1248, Apr. 21, 200)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of the facts charged is as follows: (a) the Defendant arbitrarily deprived approximately KRW 20,000 of the total market value of the victim-owned food seedlings worth KRW 20 million, as stated in the above facts constituting the crime, and had the effect of spreading approximately KRW 20,00.

2. In light of the respective legal statements of F, C, I, and J and the respective statements of evidence Nos. 3 through 5, etc., it is deemed that there was a 10-year seed nursery for “10 years” of “10 or more” in the area of D forest No. 32,974 square meters in Seosan-si, Seosan-si, or “10 years” in “2,000 or more” as of May 2015.