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(영문) 수원지방법원 2017.01.26 2016고정1715
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

On February 5, 2016, around 18:00, the Defendant: (a) extracted 13 fences installed at the fences to indicate the boundary of land by the victim E in the vicinity of the C (i.e., e., g., e., g., e., g., e., g., e., g., e., g., e., g., e., e., g., e., e

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Legal statement of witness E;

1. On-site photographs, the defendant and his defense counsel's assertion

1. The gist of the claim is that the victim E installed, without permission, a pipe set up in the F land owned by the Defendant, a pipe set up in the facts charged, and a tent set up.

The Defendant was notified of the obligation to dispose of farmland to G land owned by the Defendant, adjacent to the above land, and during the process of constructing a drainage channel to use the said land as farmland, he extracted the pipe posts on the victim’s ownership and walked to the door.

As the defendant's act did not damage the above Pipe and the upper door itself, the defendant damaged the property owned by the victim.

However, the defendant's act does not constitute a justifiable act that is necessary to construct drainage channels in order to comply with the orders of the chemical market and does not constitute a crime.

2. Facts of recognition and judgment

A. According to the evidence submitted by the Prosecutor, the following facts are recognized.

① Victim E operates a H plant in the 2014 winter-si C (i.e., the land D in the e., the land) and “F land in the e.g., the land and land in the e., the e., the e., the Defendant.

From "the boundary line of F land" to "the boundary line of F land" (hereinafter referred to as "F land") the land "I land in Sungsung City (the third party ownership)."

I land (hereinafter referred to as "I land") and the J land in Hysung-si (the third party is owned, and the current status is "road".

The facts charged are written up to "the boundary line of J land" (hereinafter referred to as "J land").

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