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(영문) 대전지방법원 천안지원 2019.02.19 2018고정608

재물손괴

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On February 2016, 2016, the Defendant is insufficient to recognize the fact that the market price of the relevant tree is approximately KRW 470,00,00,000 on the ground that the Defendant’s statement (i.e., 109 pages of evidence records and 470,000,000) is insufficient to recognize the fact that the market price of the relevant tree is approximately KRW 470,00,00,000, because it is well-known to the extent that it does not infringe the Defendant’s defense right.

As such, the tree was damaged.

2. On September 1, 2016, the Defendant: (a) sprayed agrochemicals on the Korean flowers and saves trees owned by the victim and carried out at the home of the said victim C on September 1, 2016; and (b) claimed about KRW 315,000 in the market price; (c) on the basis of the victim’s statement on the evidence record, the Defendant recognized the amount of damage, as described in the facts charged.

Many of the national flowers and sublime trees were damaged.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Application of Acts and subordinate statutes to photographs, recording records, and estimates of damage;

1. Relevant Articles of the Criminal Act and Articles 366 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. As to the crime under paragraph (1)

A. The gist of the assertion is that the Defendant was friendly without the consent of the victim on February 2, 2016, but this was an act to correct it because the pertinent branches were obstructing the passage of the village residents. Thus, it is not illegal as it constitutes a justifiable act.

B. Determination 1 of the Criminal Act