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(영문) 전주지방법원 2018.01.12 2017고정587
재물손괴
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

From around 08:00 to 17:00 on March 18, 2017, the Defendant excavated and damaged trees of approximately 6,330,000 won in market prices, such as 20, 3, 3, 3, 3, 7, 7, 7, 20, 8, 8, 8, 15, 15, 15, 3,000 won of trees, at the risk of the victim’s possession.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Complaint;

1. A letter of notification;

1. A certified copy of cadastral map and land register;

1. Each investigation report (a written reply to a disposition of non-permission to occupy and use a river and a written estimate);

1. Application of each statute on photographs;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that there was a fact that he cut a few of wild trees at the time and place in the ruling, and there was no damage to the trees owned by the victim as stated in the facts constituting the crime.

2. In light of the following circumstances acknowledged by the evidence revealed earlier, there is no reasonable doubt that the Defendant destroyed the trees owned by the victim as stated in the judgment, and thus, the above assertion by the Defendant and the defense counsel is rejected.

A. The former Special Metropolitan City, the Seoul river No. 21, 928§³ (hereinafter “instant land”) has occupied and used the land with the victim’s permission to occupy and use a river, and the victim has obtained permission to occupy and use the land from January 1, 2014 to December 31, 2018.

B. On March 18, 2017, from around 08:00 to 17:00, the Defendant employed one cuter and two working workers on the instant land.

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