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.

Punishment of the crime

On May 2015, the Defendant destroyed the property owned by the victim by removing a flower of KRW 950,00,00,000, planting a tree of KRW 12 glus, such as a 10,000,00 per annum red, etc., in front of the building owned by the victim D (hereinafter “the building of this case”), and by walking a cement packing with an amount equivalent to KRW 110,000,00 in front of the building of this case.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A statement prepared by the F;

1. On-site photographs of damage, a detailed statement of damage, investigation report (to submit a drawing and report to confirm an interview at the place of damage) (the defendant, with the consent of the victim, does not constitute a crime against the defendant by keeping a flower, etc. with the consent of the victim;

The argument is asserted.

However, in light of the following circumstances acknowledged by the evidence of the judgment, namely, the fact that there was flowers trees, etc., such as a refluent red, etc., in which the injured party was in a disaster at the expense (Evidence No. 100-105 of the evidence record), there is no reason for the injured party to consent to walking the flower installed with a considerable cost, the tree and cement packaging facilities planted in the upper part of the building of this case, and there is no evidence to support the fact that the Defendant obtained the consent of the injured party, it is difficult to accept the above change by the accused.)

Application of Statutes

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The portion not guilty under Articles 70(1) and 69(2) of the Criminal Act, which is attracting a workhouse;

1. The summary of this part of the facts charged is that the Defendant damaged the property owned by the victim by destroying “the sewage pipe equivalent to KRW 150,000,000 buried in the land located front of the instant building,” in addition to destroying and damaging the property as criminal facts.

2. The crime of damaging property does not punish an intentional offender, and according to records and arguments, the victim shall be bound by the State-owned land (G) in addition to the land owned by the victim.