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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a driver of a soft machine.
From the end of May 2014 to the beginning of June 2014, the Defendant: (a) disposed of, and damaged, the pine trees owned by the victim D, which were suffering from the scambling season, while moving scams to the workplace, from the end of 2014 to the beginning of 2014.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the police interrogation of the accused;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes to a report on investigation (Attachment of On-Site photographs);
1. Article 366 of the Criminal Act and the choice of fines concerning the facts constituting the crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Judgment on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act
1. The alleged defendant thought that E, at the time of the extraction of the instant pine tree, the owner of the instant pine tree thought to have ordered the extraction work to him/her, and that E, although not explicitly consented to the extraction and reclamation of the said pine tree, it was anticipated that some of the pine trees were damaged during the work process, there was no objection to the illegality of the defendant.
2. Article 16 of the Criminal Act provides that "the act of misunderstanding that one's own act is not a crime under the law shall not be punishable only when there are justifiable grounds for misunderstanding." It is generally accepted that the act of misunderstanding that one's own act constitutes a crime but, in his special circumstances, it does not constitute a crime under the law. If there are justifiable grounds for misunderstanding, it shall not be punishable. Whether there is justifiable grounds or not should have been an opportunity to examine, consider, or inquire about the possibility of illegality of one's own act, and have made efforts to avoid it with his intellectual ability.