재물손괴
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
misunderstanding the substance of the grounds for appeal or misunderstanding the legal principles, with the consent or permission from the victim E, the Defendant was only aware of 7glus among 10gs listed in the facts charged of this case, and the above 7gs trees were planted without any title on the land of another person and do not constitute a tree owned by the victim.
Nevertheless, the judgment of the court below which convicted the defendant of the facts charged of this case is erroneous by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion
The sentence of the court below's improper sentencing (2 million won) is too unreasonable.
Judgment
The Defendant, in July 2014, destroyed the instant facts charged by the method of cutting off 10gs of total sum of 31,043,00 of the market price owned by the victim, such as 6gs for landscaping trees, 4gs for 10gs of total 10gs of 10gs, on the ground that the number of trees planted by the victim before 20 years from his house boundary was increased due to the occurrence of damage to the farmer.
The lower court determined that the lower court convicted all of the facts charged of the instant case by compiling the evidence presented in its judgment.
In full view of the evidence duly adopted and examined by the lower court on the circumstances stated in the lower court’s judgment, the fact that the Defendant 10gs of trees stated in the instant facts charged without obtaining consent or permission from the injured party is recognized.
However, the court below recognized that 10 glus as all of the 10 glus in the facts charged of this case owned by the victim, and such judgment of the court below is difficult to accept
The ownership of trees planted without title to the land owned by another person belongs to the landowner (see, e.g., Civil Act Article 256; Supreme Court Decision 68Da1995, Nov. 30, 1970). Meanwhile, the sale and purchase of land is, in principle, for the land determined by boundary and cadastral record regardless of the actual boundary.