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(영문) 제주지방법원 2013.11.27 2013고정151
재물손괴
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 2012, 2012, the Defendant damaged the above property that could not know the market price because the 18-year crusium crusium c or D owned by the victim was well in the 18-year crusium.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, G, and H in part;

1. A copy of the judgment, a copy of the cadastral map of a forest in the cadastral map, on-site photo, certificate of association members, all matters to be registered, a copy of the judgment, a copy of the judgment, a copy of the cadastral map of a tree and wrusc tree felling place, a copy of the certificate of discharge, a copy of the certificate, a copy

1. Application of Acts and subordinate statutes to investigation reports (on-site photographs and calculation of damages);

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Parts of the offense under Article 334 (1) of the Criminal Procedure Act against the provisional payment order;

1. The Defendant, at the date and time of the judgment in the facts charged, destroyed the above property, where the market price is unknown as the injured 36-year coloned 36th anniversary of the fact that the Defendant destroyed the above property.

2. The decision-making prosecutor, around 1976, prosecuted the victim under the premise that the victim's crusit tree is a crusitant tree owned by the victim, since the victim srusitant tree, such as the crusitant and Cheongdo on the land above.

In addition, Article 256 of the Civil Act provides that "the owner of an immovable shall acquire the ownership of the article attached to the immovable. However, the same shall not apply to the article attached by the title of another person." The term "right holder" under the proviso of the above provision refers to the right to use the article by attaching the movable property of another person, such as superficies, right to lease on a deposit basis, and right to lease.

As such, if a person without such title has planted trees on the real estate without obtaining the consent of the landowner, the tree shall be granted to the landowner unless there are special circumstances.

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