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(영문) 인천지방법원 2018.08.16 2018고정650
재물손괴
Text

Defendant shall be punished by a fine of KRW 400,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 4, 2017, the Defendant: (a) prohibits transit of permitted areas equivalent to KRW 40,000,000 in the market price established by the Ministry of Agriculture and Forestry at the Gun Office to strengthen the victim’s height on the side boundary of ditches B, Incheon, Incheon, Incheon,

“One banner of the phrase “” was extracted from Defendant’s hand for reinforcement at the boundary of the boundary, thereby impairing its utility by concealing it at his construction site.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Each police statement made with respect to C and D;

1. Investigation report (to telephone conversations with witnesses);

1. Application of Acts and subordinate statutes, such as field photographs, and photographs of the destruction of placards (Evidence No. 54 pages of evidence) submitted by the person under consideration;

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 portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. Around 11:00 on October 16, 2017, the Defendant destroyed the part of the charge by cutting off 10cm of the length protruding to the upper part of the said land by using a dump truck and other construction vehicles, on the ground that, at the request of the office of strengthening the victim, seven of the market prices surveyed and installed by the Korea Land Information Corporation at the request of the office of strengthening the victim, the Defendant destroyed by cutting off 10cm of the length protruding to the upper part of the said land, on the ground that the Defendant’s access to the site of civil works by a construction vehicle, such as dump truck, would prevent damage.

2. In a judgment in a criminal trial, the recognition of facts constituting an offense ought to be based on strict evidence with probative value that makes a judge feel true beyond a reasonable doubt. As such, in a case where the prosecutor’s proof fails to sufficiently reach the extent that makes the aforementioned conviction, even if there is doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201).

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