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(영문) 전주지방법원 2018.06.27 2018노98
재물손괴
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not have planted trees on the 21st square meters of the rivers C, 21, 928 square meters prior to the misunderstanding of facts and legal principles, and there was a fact that the Defendant removed a few of wild trees on the instant land, but this does not constitute property since it has no utility or utility.

B. The sentence of the lower court (an amount of four million won) that is unfair in sentencing is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. From around 08:00 to around 17:00 on March 18, 2017, the Defendant: (a) excavated a tree of approximately 6,330,000 won in a market price of approximately 6,330,00 won, such as a tree 20, paper tree 3, 37, 777, 207, 87, 87, 157, 157, 157, and 1530,000, from the victim D’s territory, with permission for occupation and use from the head of the Gun/Gu of complete-gun-gun (hereinafter “instant land”); and (b) damaged the summary of the facts charged by the Defendant.

B. The lower court determined that the instant land was occupied and used by the victim’s father with permission to occupy and use a river, and the victim occupied and used with permission extended from January 1, 2014 to December 31, 2018. The Defendant, on the date indicated in the instant facts charged, employed one cuter and two working workers, and arranged the instant land, such as cutting trees, etc. on the instant land. The victim stated in the investigative agency and the court of the lower court that “the family members were planted and managed the instant land from the time of the Defendant’s attachment, and the instant land was planted with trees the same as the facts charged,” and that there was no need to adjust the instant land by employing one cuter and two working workers.

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