(영문) 전주지방법원 2016.08.23 2015고단2102

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(영문) 전주지방법원 2016.08.23 2015고단2102

재물손괴

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A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 10:00 on September 2, 2015, the Defendant damaged another’s property by cutting off one of the trees owned by the Defendant and the trees owned by the victim, which were planted at the boundary of dry field D, on one’s own land, on several occasions, on the ground that the Defendant did not move to another place on one’s own land, but did not move to another.

Summary of Evidence

1. A statement by the defendant in court (or a statement that there is a fact that it had events on mountain water);

1. Legal statement of the witness D;

1. Results of on-site inspections by this court;

1. Results of the survey and appraisal conducted by appraiser E;

1. The Defendant and his/her defense counsel asserted that “the victim was seriously in the land owned by the Defendant without title, and the tree owned by the Defendant was owned by the Defendant and the tree owned by the Defendant.”

According to the above evidence, the victim occupied nine square meters of the land owned by the Defendant, beyond the cadastral map of F-land owned by the victim, and used as a dry field. The victim stored a stone on the boundary of the occupied part, and there is a fact that the trees of mountain trees were planted on the part of the affected boundary as above.

In full view of the following circumstances, namely, there is a dispute over the boundaries between the Defendant and the victim, the area of the part in possession of the victim’s land in the cadastral map is a very small size compared to the area of the F-land owned by the Defendant or the land owned by the Defendant, and the possession of the victim’s land of the F-land nine square meters occupied by the injured party is the possession by the victim’s intention (on-site possession), as otherwise alleged by the Defendant or the defense counsel, it was consistent with the land owned by the Defendant.

subsection (b) of this section.

Therefore, the defendant brought a lawsuit against the victim.

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