beta
(영문) 광주지방법원 순천지원 2017.01.11 2016고단1746

재물손괴등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 25, 2016, the Defendant asserts that the market price of trees is 8 million won at the market price in the indictment where the victim E-owner’s market price is unknown, which was planted in light of C and D forest around 10:00 and around 10:00 on February 25, 2016, the Defendant asserts that the market price of trees cannot be recognized.

The victim E’s statement alone is difficult to recognize the market price of the above trees as KRW 8 million, and there is no other evidence to acknowledge it, and the facts constituting the crime are corrected as above.

40 1 week, 15 gym trees, 4 gym trees, 25 gymnasty trees, and 25 gymnas.

2. As a result of the surveying conducted by the Korea Land Information Corporation, when the Defendant came to know that part of the Defendant’s house located at the F site south Yangyang-si and part of the toilet building belongs to the victim E’s land located in D, the Defendant was able to move the boundary marking posts installed as a result of the surveying conducted on the said land.

On April 20, 2016, at around 14:00, the Defendant extracted one posts indicating boundaries between the above Defendant’s land and the victim’s forest land, and affixed 50cc to the victim’s forest land.

When the Defendant came to know that the damaged person moved the posts to his/her original location immediately after the day of the said day, he/she again extracted to move the said posts from April 26, 2016 to May 27, 2016, and extracted one posts on the boundary marking in the same manner as indicated in the said paragraph between around April 26, 2016 and around May 27, 2016, and affixed 50cm to the victim’s forest land.

As a result, the Defendant moved the boundary table over twice to make it impossible to recognize the boundary of land.

Summary of Evidence

Part of the Defendant’s legal statement E, G, H, and I’s legal statement E, G, and H, an investigation report on the police’s statement and attached photo (including submission of J currency details and the date and time of the crime of destroying property) on the victim E [the Defendant was cut only 1 g and 2g g g g shots on the victim E’s request.