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(영문) 제주지방법원 2015.10.23 2015고정755

재물손괴

Text

A defendant shall be punished by a fine of 400,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who runs construction business under C'mutual name.

At around 16:00 on March 6, 2015, the Defendant, on the pretext of doing construction work in dry field located adjacent to D at Jeju-si, Jeju-si, the Defendant: (a) destroyed crops cultivated by planting the victim E (Nam, 40 years of age) with soil for a dump truck without the victim’s permission; and (b) destroyed the Defendant, without the victim’s permission, to cover up the 40-rating level of soil with soil on the crops owned by the victim.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (related to attachment of photographs of places where agricultural crops have been planted);

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant recognized and reflects the facts of the crime, the circumstances leading up to the crime of this case, the degree of damage to crops, the age, character and conduct, environment, criminal record relation, etc.