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(영문) 전주지방법원 남원지원 2020.05.19 2020고정3
재물손괴
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a person who cultivates arguments in front of C Housing in South Korea, which is a residence of B.

On July 30, 2019, at the edge of the road in front of the Namwon-si, the Defendant stated the facts charged in the possession of the victim of the Republic of Korea, which was planted B, as B, at the edge of the road in front of the Namwon-si, on July 30, 2019. However, if the ownership of trees planted on another’s land without title belongs to the landowner and the ownership of the trees is planted by title, the ownership of the trees belongs to the landowner (Supreme Court Decision 97Do3425 Decided April 24, 1998). According to the records of this case, B is merely the fact that the Defendant obtained permission to occupy and use the 32 square meters of the land in front of the Namwon-si, Seoul-si, Seoul-si, without any separate permission for planting the trees (see Article 3(4)5 of the Detailed Criteria for Permission to Occupy and use the land in front of the Namwon-si, the owner of the land, not the owner of the land in front of the Republic of Korea.

Since there is no particular obstacle to the defendant's right of defense, the victim shall be corrected ex officio as above.

The property was damaged in total amount of KRW 150,000,000, on the grounds that three tree owners, such as a 50,000 won per 50,00 won per stock of the market, are detrimental to the farmer, on the grounds that the tree owner, such as a 1 week of the gold tree with the value of KRW 50,00 in the market, and a 50,000 per 50,000 won per stock of the market, are spop-up, spop-up, sp-up, and spop-up, sp-up, and sp-up, sp-up, and sp-up, sp-up

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. Permission for occupation and use, known forests and investigation reports (whether a place where trees are planted is permitted for occupation and use);

1. The accused and the defense counsel for the report on internal investigation (in the case of attaching photographs to the scene photographs), the report on internal investigation (the CCTV search at the case site);

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