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(영문) 울산지방법원 2016.04.04 2016고정52
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

1. On March 2014, the Defendant: (a) conducted a survey to set up a house on the land C in Yangsan City owned by the Defendant; and (b) discovered that the victim’s concrete fences installed between the said land and the land E owned by the victim and the victim’s land infringed on the land owned by the Defendant; and (c) subsequently, there was a dispute over the land boundary between the victim and the victim; (d) around springing on March 2015, the Defendant destroyed the above concrete fences at the market price, which is the victim’s ownership, by destroying the concrete fences.

Accordingly, the defendant damaged the victim's property and harmed its utility.

2. On September 2015, the Defendant destroyed tin trees from the Defendant’s house located in Yangsan-si, Yangsan-si, on the ground that tin trees owned by the Defendant and located near the boundary point of the E land owned by the victim were cut off three above tin trees on the ground that tin trees owned by the Defendant and located far away from the land above tin trees owned by the victim.

Accordingly, the defendant damaged the victim's property and harmed its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A certificate for all registered matters;

1. A map of the result of surveying the restoration of boundaries and the result of cadastral surveys;

1. Application of each statute on photographs;

1. Relevant Article of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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