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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On June 28, 2013, the Defendant: (a) sold the land owned by the victim D (year 57, South) and concluded a sales contract with the victim on June 28, 2013; and (b) allowed the victim to cultivate Blube, which is the agricultural crops planted on the said land; (c) from around 06:00 on June 20, 2014 to around 20:00 of the same month, the Defendant destroyed the property owned by the victim by harvesting B, for about four million won, which the victim cultivated on the said land for a year, on the ground that the victim had cultivated without fulfilling the cultivation conditions.
It is doubtful whether the harvest of the heat without any particular damage to Bluluve tree can be applied to the crime of causing property damage.
2. Determination
A. The burden of proving the facts charged in a criminal trial lies on the prosecutor, and the finding of guilt must be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
B. According to the victim’s investigation agency and this court’s statement, at the time when the Defendant sold E- Y 2,327 square meters, C 1,647 square meters, a total of 3,974 square meters (hereinafter “the instant real estate”), among the said real estate, he/she was the victim with the right to cultivate Blube, which was planted on the land of 1,647 square meters in Sinju-si, and there is doubt as to whether the Defendant harvested Blus with the right to cultivate the victim.
However, the following facts or circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, ① the Defendant stated that the instant sales contract was concluded on June 28, 2013 in the indictment for the Haman on August 2013, but the sales contract was completed on the basis of a provisional disposition registration on the instant real estate.