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(영문) 대전지방법원공주지원 2020.08.21 2020고정22

재물손괴

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person residing in Chungcheongnam-gun, Chungcheongnam-gun, and the victim C is a person who has planted son seedlings in the part of the defendant's dwelling which falls under his/her own ownership as a result of a survey on the whole area around the above land on around 2015.

At around 14:39 on April 5, 2019, the Defendant: (a) destroyed the fact-finding of seedlings as the market price of the victim’s land planted on the land owned by the Defendant was under the U.S. market price; (b) thereby damaging the 12glus of seedlings. However, even according to the evidence, the Defendant’s amendment and recognition of the facts-finding as above was made as follows: (c) as it is unclear that the Round destroyed by the Defendant’s damage is a few dusts; and (d) it was destroyed by cutting out or following a lusation of trees.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements in each police interrogation protocol against the defendant or D;

1. Statement by the police about C (first time);

1. The photograph related to the instant case, CCTV images related to the damage to property, CCTV images, and CCTV image output;

1. The defendant and his defense counsel asserted the investigation report (whether the act of the suspect is intentionally judged) and that the defendant did not catch seedlings as the victim's owner and did not destroy them by taking them or by taking them out, and rather, that the defendant added them so as to make the seedlings grow well, and followed the surrounding land and removed them.

However, in full view of the following circumstances acknowledged by the above evidence, it is sufficiently recognized that the defendant damaged the seedlings owned by the victim as stated in the facts of the crime.

(1) According to CCTV images, the defendant takes part of his/her seedlings planted from around 14:58:15 to around 14:58:46, and then takes part of his/her captioned with two descendants at around 14:58:49 and around 14:58:52.