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(영문) 전주지방법원 2017.11.14 2017고정702
재물손괴
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On April 2017, the Defendant filed an application for permission to amend the Bill of Amendment with the purport that the victim’s poppy tree 3glus owned by the Defendant would be changed from “4 glus” to “3 glus” on the first trial date, on the ground that the poppy tree owned by the victim was damaged to the cultivation of dry field crops by sun-dried sun-dried sun-drieding, spoppy tree owned by the Defendant at Kim Jong-si and the victim D’s house, and this Court permitted this.

One of the saws was damaged in a bend.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of an event and an investigation report (specific damaged trees);

1. Application of each statute on photographs;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant arbitrarily fells down stoppy tree owned by a neighbor, and that there is no substantial damage, etc., but to the extent that the defendant's crime of this case is recognized, that there was a dispute prior to the instant case, on the grounds that there was a conflict between the neighbor and the victim, or that there was an obstacle to work or farming, etc. in the overall circumstance or contents of the instant case, etc. are favorable to the defendant.

In addition, taking into account all the circumstances prescribed in Article 51 of the Criminal Act, the punishment as per the order shall be determined (the number of damaged trees as a result of the modification of indictment shall be reduced partly from the fine amount of the summary order, taking into account the reduced number of damaged trees, etc.).

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