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(영문) 수원지방법원 안양지원 2017.02.09 2016고정907
재물손괴
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who works as a manager of the C Educational Foundation, a foundation in Guang City B.

The defendant moved trees planted in the above forest land two times in order to arbitrarily move the main trees that the victim E (53 Do, South) suffered from planting and damage, etc., and had been punished due to the damage of property by planting the trees planted in the above forest land over a total of two times, etc., and in order to find out the trees planted in the boundary point of the victim forest and land managed by C Educational Foundation and the problem of the boundary point of the victim forest and land.

1. On March 9, 2016, around 18:00, the Defendant: (a) extracted 4 glue trees from the market price at which the victim was cored in king-si; and (b) damaged 4 glue trees from the market price at which the victim was core.

2. On August 1, 2016, around 07:30, the Defendant: (a) arbitrarily extracted 6 glue trees of an amount equivalent to KRW 120,000 from the market price set by the victim D at king-si around August 1, 2016; and (b) damaged 6 glue trees.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a criminal investigation report (a criminal suspect's additional acknowledgement of damage to property confirmed by a victim's statement);

1. Relevant provisions of the Criminal Act and Article 366 of the Criminal Act concerning facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;

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