폭력행위등처벌에관한법률위반(공동재물손괴등)
The defendant shall be innocent.
1. The summary of the facts charged is as follows: (a) on March 24, 2012, the Defendant: (b) stated, “A request is made for the removal of a stable, where he/she laid down a shot G (hereinafter the instant land; hereinafter the same shall apply) in the F office of the operation of the E located in Busan, Busan, the Busan (hereinafter the instant land); (c) on the part of E, the Defendant destroyed the victim’s property jointly with H, I, J, and K, as well as with H, J, and K, on March 24, 2012, the victim’s private trees owned by the instant land and 120 girs (total 5.4 million won) installed on the instant land, which were installed on the instant land.
2. According to the judgment of the defendant, L and M's statements in this court and investigative agencies, the fact that the defendant laid down a shot tree, which was planted on the land of this case as stated in the above facts charged, and removed one shot shed.
However, in full view of the above evidence and the statement of waiver of superficies attached to the above evidence and the investigation report (Evidence No. 12) and the real estate lease contract, written consent to use, written confirmation of sales agreement attached to the investigation report (Evidence No. 14), the following facts can be recognized.
- Around September 2005, the Defendant acquired the ownership of the instant land in the name of N, an Arabic.
L had occupied and used the instant land before the Defendant acquired the instant land.
- Around January 2007, the Defendant and L entered into a lease agreement with a deposit of KRW 200,000 for the instant land, with no separate rent, and with a lease term of 12 months renewed automatically.
L around April 200, with the consent of the defendant around April 2009, tried to 120 glass on the land of this case, and the defendant around that time set up a written consent to use of the land of this case in N name.
- After that, from July 2010, the Defendant did not renew the lease contract for the instant land to L from July 201 to December 31, 201.