Text
Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Defendant
A is a person engaged in agriculture.
On August 24, 2017, at around 11:00, the defendant A damaged agricultural products, etc. by taking advantage of his Track for damage on the ground that water coming from the ancient cream from the high cranch in the field of the field of D (the age of 52, south) which is the complainant of Seocho-si, Seosan (the age of 52) was damaged by the Defendant's growth field of the Defendant A, thereby impairing the utility of the water.
Summary of Evidence
1. Partial statement of the defendant;
1. Witness D's testimony;
1. Statement made by the police against D;
1. Application of statutes on site photographs;
1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. As to the assertion of the Defendant and his defense counsel under Article 186(1) of the Criminal Procedure Act, the Defendant and his defense counsel shall assert that the Defendant’s act is a justifiable act at an inevitable option to prevent damage to his/her own land.
However, it is difficult to recognize the damage claimed by the defendant, and there was such damage.
Even if the act of this case was not committed as a matter of responsibility.
It is difficult to accept the above argument because the act of criminal facts in the judgment is not contrary to social norms or it is difficult to view it as a justifiable act.