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The prosecutor's appeal is dismissed.
Reasons
1. Around October 2012, the Defendant destroyed dry field by damaging the victim’s dry field, such as cutting off part of the dry field and expanding the farm road to a stable operated by the Defendant by expanding the farmland located at the edge of the dry field (hereinafter “instant farm”), from the dry field owned by the victim H in the Y, the F, and G (hereinafter “instant land”). In order to ensure the Defendant’s passage of large cargo to a stable operated by the Defendant, the Defendant damaged the victim’s dry field by arbitrarily cutting down the dry field part of the victim’s dry field and expanding it into the farm road at a level of about 25 meters.
2. Judgment of the court below and a summary of the grounds for appeal
A. The lower court acknowledged the following facts based on the evidence duly adopted and investigated.
① It is true that the Defendant arbitrarily expanded the instant farm road for the passage of large cargo vehicles for the establishment of livestock industry from the second half of 2012, and according to the images of each field photographs, it is true that the Defendant has accumulated some stone festivals at the edge of the said farm road.
② At around 2002, the Defendant’s ASEAN specified each land in F, G, K, L, and M (hereinafter collectively referred to as “instant land”), and purchased N’s share in F and G land and shared the said land with the victim.
③ Around November 2005, J filed a lawsuit seeking partition of co-owned property on each of the above lands with the Cheongju District Court’s Young-dong branch. A conciliation was concluded on December 12, 2005 with the purport that H divided ownership of the instant land, K, L, and M, and H already established on the instant land from the farm roads established in the aboveO to M, K, and L, to confirm the Defendant’s right of passage.
④ Around 2006, the Rocheon-gun Office buried a fume on the above P, Q, S, and R, and then packed cement on the buried site. The Defendant passed the instant farm road for the construction of livestock pens from around 2008 to the instant farm road.
⑤ However, on the passage of freight vehicles.