2. According to the evidence of this case, the area where the trees of this case are planted is above land C or F in the Nam-gu Incheon Metropolitan City, and the above land is not owned by the victim, and the injured party has planted the above trees without any title without permission from the owner of the above land. Thus, the above trees were owned by the owner of the above land in accordance with Article 256 of the Civil Code.

Therefore, the facts charged of this case under the premise that the above trees are owned by the victim cannot be maintained any longer.

Furthermore, the prosecutor argues that the fire group that the above trees were planted was built on the road on which concrete was packaged, and thus the trees did not fit the land, but the above trees were planted about about 25 years before the victim's testimony and there was no movement until now. Accordingly, it is reasonable to deem that the above trees were in accord with the land. Therefore, the above assertion is without merit.

However, the prosecutor argued that since the above land is owned by the person who requested the defendant to work, if the above trees are located on the ground C, the damage of the property would not be constituted, but if the above land is located on the F ground, the above land is owned on the Incheon City, and thus the damage of the property can be established on the land owned by the Incheon City.

In this case, it is the case where the investigation has started after the victim's complaint was filed that the trees, which are one of his own property, were damaged.