Defendants shall be punished by a fine of KRW 300,000.

The Defendants did not pay each of the above fines.

Punishment of the crime

The victim D is a land manager in Gyeyang-gu E, F, and G located in Gyeyang-gu, Gyeyang-gu, and the defendant A is a person who newly constructs a museum in H near the above land, and the defendant B is a person who resides in I.

On January 26, 2013, the Defendants agreed with the victim to open and use a new road without using the said road, which was located in the land managed by the said victim. However, on April 4, 2016, the Defendants received notification of cancellation of approval for the use of the new road for the purpose other than agricultural infrastructure from Goyang-si around 2016 and suspended the use of the new road again, the said new road was used.

On April 25, 2016, the Defendants jointly extracted the above seedlings using a digging machine to prevent the use of the above old road, on the ground that the damaged person was planted with seedlings equivalent to 3,670,000 won in the market price of 3,670,000 won, such as native trees, big-level trees, etc., and damaged the utility thereof.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of the witness D;

1. Written prosecutorial statement concerning D (net 16);

1. Statement made by the police against D;

1. Statement of transaction [the crime of damaging property under Article 366 of the Criminal Act is established when it damages or conceals another person's property or impairs its utility by any other means, and the phrase "conscising the utility of property" refers to making the property in a state in which it can not be provided for its original purpose of use due to an appraisal (see, e.g., Supreme Court Decision 2010Do2269, Jul. 8, 2010). The purpose of planting seedlings as stated in the judgment by the victim who can be identified by the evidence duly adopted and investigated by the court, the nature of the ordinary tree, the present state of seedlings as stated in the facts charged (the victim all with the above seedlings)

In accordance with the statements made by the Defendants, the content of the 6glux (600 thousand won) among the seedlings extracted by the Defendants according to the victim's statement is not prosecuted.