재물손괴
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal was that the Defendant felled with the consent of the victim.
2. Determination
A. In full view of the following circumstances, based on the evidence duly admitted and investigated by the lower court, the lower court determined that the Defendant destroyed the instant pine tree without obtaining the victim’s consent.
1) The victim did not have any reasons for Belgium, while the defendant has no reason to believe that there was an increase in the number of the instant trees in the dry field in the name of the defendant, adjacent to the residence of the victim, and on the ground that there was an increase in the number of the instant trees due to the decrease in the dry field in the name of the defendant, adjacent to the residence of the victim. 2) However, the victim stated that the defendant had been cut the number of the instant trees without his own permission even before the date of the instant case and the defendant had been forced to remove the instant trees in advance before the commencement of the farmer's house before the commencement of the Defendant's house, so that the defendant sought the defendant around the end of January 2009 to prevent the dispute with the defendant, and that he was able to find one of the instant pine trees.
3) The Defendant and F was aware of the event, and the Defendant and F were called to the G, one’s father, to the effect that the Defendant left the instant trees. On the same day, the Defendant resisted that all of the instant trees were to be cut, and the Defendant sought compensation for the scambling and damage. While the Defendant sought compensation for the scambling of the instant trees, the Defendant refused it. However, the victim was suffering from brain disease since around 2000, and the victim was called to undergo brain scaming surgery in 2013. However, at the time of the instant case’s returning, the victim was made a relatively consistent and detailed statement as to the circumstances of the instant case, and in light of the behavior of the instant case, the victim was unable to memory the horses that the victim was scambling due to the disease.