beta
Text
The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) of the ground for appeal is that the Drupupup tree in this case is on the land owned by Defendant wife
As we think of it and think of it, there was no intention to damage property.
2. Determination
A. On July 3, 2014, the Defendant: (a) cut and removed the 10-year plant fluencies on trees at the risk of the victim’s 10-year plant fluencies with a view to verifying the boundary of land in the dry field owned by the victim D in Yang-gu, Yangwon-gun, Yangwon-gun, Yangwon-gun, Yangwon-gun.
Accordingly, the defendant damaged the victim's property.
B. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court recognized that the Defendant was the victim’s land at the two risk of the instant case.
It cannot be determined otherwise, and there is no evidence to recognize it.
① On May 26, 2011, the Defendant: (a) conducted a boundary survey by entrusting a cadastral work to conduct a cadastral survey; and (b) installed posts on the boundary between the land owned by the Defendant and the land owned by the victim; and (c) pilings are installed only at the top point, making it difficult for the Defendant to accurately understand the boundary of the instant site solely on the ground that the boundary is set up.
② At the time of the instant case, the Defendant stated that the investigative agency was not able to view the string at the time of the instant case, and that the Defendant was installed after the instant case.
In addition, the victim also conducted a boundary survey in the court of the court below in two times in 2012, and installed the spare, which was installed at that time by the victim, and the spare was already lost, and the victim stated that the Defendant was installed as soon as possible after the victim was cut down, which was submitted to the investigative agency.
The photographs submitted by the injured party to the investigation agency do not appear to have strings.
In light of the above circumstances, the Defendant was able to verify the boundary by reporting the string of the string at the time of the instant case.
It is difficult to readily conclude (one another).