logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 속초지원 2020.01.22 2019고정57
재물손괴
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

Around January 28, 2019, the Defendant had concerns over growing trees planted on the land owned by the victim C in Seocho-si around the end of January 28, 2019 to go beyond the boundary between the land owned by the Defendant and the land owned by the Defendant, thereby undermining the utility of approximately KRW 10,000,000 of the market price owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. 112 Declarations, investigation reports (on the spot and the appendix of damaged objects), additional evidentiary materials submitted [the defendant asserts that he was well aware of 2 glus, but the victim stated that the amount of damage was about 15 glus (the 7th page of the investigation record) and immediately after the instant case’s examination of the photographs (the 29th page of the investigation record) taken on the spot, it is recognized that the number of trees exceeds 2 glus, and that the above assertion is not accepted]. The above assertion is not applicable to the law.

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant has committed the same crime against the same victim, and does not take appropriate measures to recover from damage, and the degree of damage caused by the instant crime, etc., the punishment as the order shall be determined in consideration of all the sentencing conditions.

arrow