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(영문) 대구지방법원 상주지원 2015.03.24 2015고정16
재물손괴
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

The Defendant: (a) from December 2, 2013 to March 2014, at a place adjacent to a river in the event that the victim was permanently located in the land owned by the victim B; and (b) even though the victim said the victim as the tree planting, the Defendant planted 2 glue tree, 1 glue tree, 1 glue tree, glue tree, and glue tree, without permission.

As such, the Defendant, without permission, destroyed the utility of the above land by planting five trees on the land owned by the said victim.

Summary of Evidence

1. The defendant's partial statement in court (a statement that the defendant was asked by the complainant that trees will be cut off and that the defendant was subject to proof of contents immediately from the complainant and that he was subject to complaint even though he was asked by the complainant to wait for trees);

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution (see, e.g., Supreme Court Decision 114 pages);

1. Grade B of the protocol of interrogation of the accused by the prosecution

1. The application of Acts and subordinate statutes to a complaint, a certificate of contents attached to the complaint, and a copy of the confirmation [a fact that the defendant denies the damage of property, but it is recognized that the defendant further aggravated trees as stated in the judgment after preparing a confirmation letter promising to remove existing ground objects and trees on September 3, 2013, which affected the utility of the land owned by the victim]

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. In light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence shall be imposed as ordered by taking into account the following factors: the Defendant’s age, character and conduct and environment, motive, means and consequence of the crime, and circumstances after the crime was committed.

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