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(영문) 대구지방법원 2018.07.27 2018고정174
재물손괴
Text

The defendant is innocent.

Reasons

1. Around 08:00 on April 30, 2017, the Defendant: (a) destroyed the property by cutting off the instant trees of approximately KRW 200,00,000 at the Daegu-gu D land (hereinafter “instant land”); (b) KRW 6,500,000 at the market price of approximately KRW 1,50,000; (c) KRW 1,000,000 at the market price; (d) KRW 3,000,000 at the market price; and (e) KRW 5,00,000 at the market price of approximately KRW 1.2,00,00,000 at the same time as the electric saw.

2. In a judgment of conviction in a criminal trial, there must be sufficient evidence to the extent that there is no room for a judge to make a reasonable doubt that the facts charged are true.

According to the following circumstances revealed by the evidence duly adopted and investigated by this court, the defendant was aware that the defendant did not permit the right holder to fell the trees of this case.

It is insufficient to conclude without reasonable doubt.

A. The Defendant is the wife E with the 1/2 public land decentralization of the instant land and the agricultural building (hereinafter collectively referred to as the “instant building”). (The victim acquired ownership through an auction based on the right to collateral security established only on the instant land, and the record is not clear, but E appears to possess the part of the instant building out of the instant land that was based on the legal suspension commercial zone). (b) The victim, on the top of Defendant E as Defendant Nonparty, left the front place in the complaint.

The victim was investigated by the police in May, 2017, and the victim went to the land of this case on or around May 2017. As the trees of this case were cut to the defendant who was living in the building of this case, "(Defendant A)" was told that "in order for the restoration of the surrounding areas."

was stated.

According to the victim's statement, he did not directly regard the situation at the time of labeling the instant tree.

(c)

E was investigated by the police as the victim, and stated to the following purport:

his legal statement also means that he has made.

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