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(영문) 의정부지방법원 2016.03.31 2015고정1468
재물손괴
Text

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

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

Reasons

Punishment of the crime

In July 2014, the Defendant damaged the victim E (54 ,00) by cutting off the number of 10 weeks, such as 6 weeks of landscape trees for landscaping, 4 weeks of total 31,000 won, and 10 weeks of total of 31,043,00 won of the market price owned by the victim on the ground that the number of trees planted before 20 years from the house boundary of the victim E (54 ,00 ,000 , 54 ,000 , and 4 weeks of total of 10 weeks of trees.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E in the second public trial protocol;

1. Each report on investigation;

1. Application of the statutes on images of each photograph;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

1. In light of the fact that the Defendant obtained the consent of the victim and 7 weeks (which means the trees planted without the title to the land owned by the Defendant by the victim) were cut down only the trees of the seven owners (which means the trees planted without the title to the land owned by the Defendant), and that the trees were not entirely damaged or collapseed, the Defendant’s summary of the allegation may not be deemed KRW 31,043,000.

In addition, the defendant was removed from the Gemanium beyond the boundaries in accordance with Article 240 of the Civil Code, so there is no illegality as an act under the law.

2. In full view of the evidence duly adopted and examined by this court, the defendant can be fully admitted the fact that the defendant destroyed the 10th class of landscape trees worth 31,043,000 won of the market value owned by the victim as stated in the facts constituting a crime without the victim's permission ( even if the above trees exist as stated in the above assertion, so long as the functional value as landscape trees is damaged as the landscape trees is well as the above damage is recognized). Furthermore, according to Article 240 of the Civil Code, if the above trees are beyond the boundary of human matal trees, the above damage is recognized as a result of such damage.

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