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(영문) 전주지방법원 정읍지원 2020.04.09 2019고단554

재물손괴

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 10, 2019, in order to move containers cultivated by the victim C (Nam, 81 years of age) in the vicinity of the ancient field cultivated by the Defendant, the Defendant: (a) obstructed the Defendant from harvesting pigs of pigs that were planted in the dry field in the dry field; and (b) destroyed the market value by taking approximately 40-50 of the Defendant’s high dry field bank in a dry field that was planted in the dry field; and (c) destroying the unregistered property of the market by taking approximately 40-50 of the high field in a dry field in a dry field that was planted in the dry field.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Statement to C by the police;

1. Determination as to the Defendant’s assertion of the investigation report (Attachment of On-the-spot photographs)

1. The gist of the assertion was C’s permission.

As the swine pots naturally inhabit, there is no economic value, and it is only ten times the high support cost.

2. Determination 1 Do sees that C was able to discuss with C as C immediately discharged from hospital.

D Even if it was permitted to move containers through dry field C, it is not permitted to change the phenomenon of dry field or damage goods remaining in dry field.

2. C has spawn before 2019.

Even if C actually harvested swine pots and still remains, it is not natural that the swine pots were naturally inhabited, but there is no economic value.

(3) The defendant's moving of a container stuffs is likely to display a high zone.

In light of C's statements, current photographs, etc., damage in the facts charged can be recognized.

Application of Statutes

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

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

1. The defendant is the reason for sentencing under Article 334(1) of the Criminal Procedure Act.