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(영문) 대구지방법원 의성지원 2019.05.23 2019고정17
재물손괴
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

Around 19:00 on August 21, 2018, the Defendant: (a) destroyed the market price, which is the head of the Si/Gun/Gu, by leaving approximately 300 mar, which is the instant shouldered as a twitter, to a twitter, on the ground that the victim D is growing up with a shoulder.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (registration certificate, etc.), and investigation reports to farmland ledger;

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. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [In the case of agricultural crops, even if the cultivation of the crops constitutes a tort, ownership of the crops belongs to a farmer who is not a landowner (see, e.g., Supreme Court Decision 67Da893, Jul. 11, 1967). According to health care and evidence of the judgment, as long as the victim cultivated a shoulder on the land in this case, it is reasonable to view that ownership belongs to the victim as long as the victim cultivated a shoulder on the land in this case. However, as the registration of transfer of ownership in the name of the defendant father, the ownership of the above land was completed, and there is a dispute over the ownership in the ownership of the above land, the sentencing should be taken into consideration as follows] of the reasons for the sentencing of the defendant's decision, but it is just to dispute the ownership of the shoulder in the judgment of the defendant, and there is no

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