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(영문) 제주지방법원 2013.08.08 2013고정32
재물손괴
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant knew that the victim F is growing wild pet trees, etc. on the above land while in office from the lessee G, etc. as a person managing C-owned land D and E, and requested the victim to remove from the above land to another place on October 201, but the victim did not comply with the request.

At around 08:00 on April 4, 2012, the Defendant: (a) ordered H to know of the fact that there is a boomed boom tree of the victim in Seopopo City D and E; and (b) destroyed it by letting the victim loaded 21g of wild Eastern trees of 30-40 on the market price of the victim’s possession on the boomed 21g of the wild Eastern trees of 30-40 on the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. A protocol of suspect examination of G police officers;

1. Application of each police protocol to F and H

1. Relevant Article 366 of the Criminal Act and Article 366 of the Criminal Act regarding criminal facts, the choice of a fine (to take into account the fact that the defendant committed the instant crime because the victim and G did not comply with the request for collection of dynamic trees from the defendant for a long time, and the market price of dynamic trees is minor);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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