Defendant

A shall be punished by a fine of KRW 500,000,000 and by a fine of KRW 1 million.

A. Comprehensively taking account of the evidence submitted by the prosecutor of fact-finding, the court below found the Defendants guilty of violation of the Punishment of Violences, etc. Act (damage to joint property, etc.) and found the Defendants guilty. The court below erred by misapprehending the facts and acquitted them.

B. The sentence sentenced by the lower court to Defendant B (a sum of KRW 300,000) is too uneased and unfair.

Judgment on the Prosecutor's misunderstanding of Facts

A. The lower court found the Defendants not guilty of this part of the facts charged on the ground that, although the Defendants were deemed to have destroyed and damaged this part of the facts charged as stated in this part of the facts charged, the said trees were scheduled to be treated by the Korea Land Housing Corporation, which admitted the land of the orchard (hereinafter “the instant orchard”), and thus, cannot be the object of the crime of property damage due to the loss of property value.

B. However, in light of the following circumstances acknowledged by the evidence adopted by the court below, the above judgment of the court below is not acceptable, and the defendants are not 3 to 4 in the case of burner trees, but 1 to 2 in fact as seen below.

As above, it is reasonable to view that the act of destroying the items of this part of the facts charged, which was revised and recognized as above, as stated in this part of the facts charged, constitutes a crime of violating the Punishment of Violences, etc. Act (joint property damage, etc.).

1) Even if a thing is expected to be extinguished in the future, if it is currently usable for its original purpose or if it is possible to be used for any other purpose, it is valuable as property (see Supreme Court Decisions 2007Do5207, Sept. 20, 2007; 78Do2138, Jul. 24, 197); and