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(영문) 청주지방법원 충주지원 2015.04.29 2014고정224
재물손괴
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who runs a wholesale business.

From January 1, 2007 to December 31, 2016, the Defendant: (a) around 16:00 on March 30, 201, the Defendant: (b) laid down a 1 gym tree and two gym tree number from the site of a small river located in the site of a small river using rent after obtaining permission from the head of the Suwon-si Office for occupation and use of a small river from January 1, 2007 to December 31, 2016; and (c) damaged crops of the victim of the farmland in the city where the Defendant extracted from agricultural crops, such as gymra, by extracting crops

Summary of Evidence

1. The defendant's partial statement in court (the third trial date);

1. Each legal statement of witness D, E, F, and G;

1. Relevant documents, such as field photographs and permits for occupation and use of a small river, and a certified copy of the register of land cadastre (Evidence No. 6) or a evidence list shall be indicated as land cadastre;

Satellite photographs, issuance register of permission to occupy and use rivers, reference materials submitted by a suspect (such as a certificate of permission to occupy and use a river, sales contract, etc.), field photographs submitted by

1. Application of Acts and subordinate statutes to investigation reports (to attach documents for investigation cooperation and replies to regional development with the head of the competent Si/Gun/Gu);

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the above crops are included in the land for which the crops as stated in the facts constituting the crime in the judgment of the defendant (hereinafter referred to as the "crops of this case" and the above land are included in the land for which he obtained permission to occupy and use, so there is no intention to destroy and damage property.

2. Determination

A. The following facts are acknowledged based on the evidence duly adopted and investigated by this Court:

1) The Defendant: (a) around November 8, 2013, the size of 410 square meters (hereinafter “Defendant’s land”) out of Haju-si, Chungcheongnam-si (hereinafter “Defendant’s land”).

The right to occupy and use and its ground.

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