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(영문) 광주지방법원 2018.07.12 2017노3167
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below found the defendant not guilty of the facts charged of this case, even though the defendant sufficiently proves that he damaged the victim's property according to the evidence of the grounds of appeal.

2. Determination

A. On February 1, 2016, from around 14:00 to around 16:00, the Defendant: (a) sought a dispute over the ownership of the victim D and neighboring land in the dry field of Mineyang-si; and (b) subsequently, the Defendant destroyed the total market price of 40-year-old pine 10gs and 4gs of the 20-year-old tree 10-year-old tree 10gs and 20-year-old tree 4gs by using the digging machine.

B. The lower court determined based on the following circumstances acknowledged by the evidence, i.e., (i) the Defendant initially demanded the victim’s small mother, E to cut the instant trees, etc., without complying with the request, and (ii) the Defendant was cut trees upon the request of an engineer who had been engaged in the work related to the FF development project of the Korea Rural Community Corporation at the time; (ii) the accurate quantity, location (in particular, whether the said C land is land or land, or land other than the said land) of the cut trees at the request of the Defendant; and (iii) determined that the evidence submitted by the Prosecutor alone was insufficient to acknowledge the facts charged, and found the Defendant not guilty in accordance with the latter part of Article 325 of the Criminal Procedure Act.

(c)

Examining the reasoning of the judgment of the court below in a thorough manner with the records, the above judgment of the court below is just and acceptable, and there is an error of law as alleged by the prosecutor.

shall not be deemed to exist.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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