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

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

Punishment of the crime

On November 15, 2010, the Defendant purchased land and buildings from the said company around January 26, 2015, which the victim D leased from the agricultural company (owned) to install and manage water supply facilities.

In order to install a vegetable fish farm farm (590 square meters) with the victim who agreed with the victim, but did not intend to do so, the defendant damaged the utility of approximately KRW 3,441,00 by removing approximately 160 meters of water supply facilities installed at the above stable from March 10, 2015 to 10:00.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D or F;

1. Photographs related to evidence; and

1. The defendant and his defense counsel asserted that there was no intention of damage, not to damage or impair the utility of the pipe, since the pipe, which is a water supply system, may be removed without the damage and used as a water supply system at other places. In the crime of destruction and damage to property, the damage is not only a case where the goods cannot be used for their original purpose due to the material destruction, but also a case where the specific role of the goods cannot be carried out temporarily (see, e.g., Supreme Court Decisions 2006Do7219, Dec. 22, 2006; 82Do1057, Jul. 13, 1982) and according to the evidence adopted above, it is sufficiently recognized that the defendant removed the pipe without the victim's consent and the defendant's intent to damage is not accepted, and thus the defendant and his defense counsel's above assertion is not accepted).

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

1. The Criminal Act for the detention of a workhouse;