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(영문) 창원지방법원 진주지원 2017.07.07 2017고단106
재물손괴등
Text

Of the facts charged in the instant case, the charge of insulting each of the facts charged in the instant case is prosecuted.

Reasons

The portion not guilty (the point of damage to property)

1. On July 27, 2016, the Defendant destroyed the charge by arbitrarily destroying the stone fence owned by the Si-U influorous C without the consent of the victim C, in the Hadong-gun, Chungcheongnam-dong, Seoul around July 27, 2016.

2. Determination

A. It is recognized that the Defendant destroyed the brick as stated in the facts charged.

B. Meanwhile, according to C’s testimony, land register, general building register, real estate transaction contract, real estate transaction certificate, cadastral map, field photograph, and field map, the fact that the 315mm2 is adjacent to the 33m2 m2 in Gyeong-dong, Hanam-gun, Gyeongnam-gun, Gyeongnam-do, and that the above 2m2 was a single-story house, and the 33m2 above m3m2 was installed in part of the above m2. The above bm2 and the above 2m3m2 was installed in part of the above m2. On February 8, 1994, E acquired ownership and transferred ownership to F on October 16, 2008, and the Defendant transferred ownership respectively to F on January 16, 2014. The fact that the above m2 was installed by the person living in the above m2 before the Defendant acquired the house, C, the owner of G, who was the owner of the above m2016m2.

(c)

According to the above facts, at the time when the defendant's ownership was damaged, the owner of the above house acquired the ownership of the above house, and finally transferred the ownership of the above house to the defendant who acquired the ownership of the above house through F, etc.

It is reasonable to view that the ownership belongs to C or any person other than the Defendant, and even if the ownership belongs to C, etc., the Defendant’s damage of a stone is the performance of its obligations upon the request of C for removal of interference with the ownership of C and there is an understanding of the victim.

I would like to say.

(d)

Therefore, this part of the facts charged constitutes a case where there is no proof of crime.

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