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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
Around 15:00 on February 25, 2013, the Defendant destroyed the Defendant’s land owned by F, the victim F, the victim of which was planted, by cutting off 1,5480,000 won of the market price of the victim’s land owned by the Defendant, from 15:48,00 to 12,00.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. A damaged tree photograph;
1. Photographs (Evidence No. 15);
1. Application of the written estimate statutes;
1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant and his defense counsel asserted that the defendant and his defense counsel did not have the intent to commit the crime of causing property damage since the trees damaged were known to the defendant as owned by the defendant.
However, according to the evidence presented, it is reasonable to view that the defendant was fully aware that the above trees were not owned by him/her, and that he/she went out of the damaged act. Therefore, the above assertion is rejected.