logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.07.20 2016고정1768
재물손괴
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 11, 2011, the Defendant: (a) discovered 90 private trees owned by the victim D (72 tax) who was planted on the said land from March 23, 2016 to March 27, 201; and (b) removed and damaged the pipe water facilities and props of the said land.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Application of Acts and subordinate statutes to investigation reports (verification of current status related to damage to property);

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. As long as the victim did not have a pre-existing method, the fruit trees planted on the land indicated in the facts constituting the crime (hereinafter “instant land”) correspond to the above land, as long as the victim did not possess a pre-existing method, the Defendant acquired the ownership of private trees, etc., and thus does not damage the property owned by others.

B. The Defendant had no intention to damage another person’s property since the victim was aware that he was aware that he had given up ownership by suspending growing saf trees at the Defendant’s request.

2. Facts acknowledged based on evidence;

A. On January 10, 2007, the instant land was registered under the victim’s husband G’s husband’s father’s father H, and on January 10, 2007, the ownership of the instant land was changed under the Plaintiff’s husband’s name, and the ownership was changed under the victim’s husband’s husband’s name in the name of the former husband, the 1,328mm2 before J., Nam-gun, Namdong-gun, the immediately adjacent to the said land (hereinafter “ neighboring land”).

B. After G’s reuse, the victim, while practically using the land adjacent to the instant land along with G as a group of land in fact, planted and cultivated the fruit trees on the said land.

(c)

The land of this case is seized by the owner of the land due to the I's default of taxes, and the procedure for the public sale is conducted.

arrow