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Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On August 23, 2015, at around 14:00, the Defendant: (a) extracted 40 fluoral brucated 2,50,000 won of the market price of the victim D (52 7,000 won, 2.5 million won, 2.5 million won, 2.5 million won, 50,000 won, and 40,000,000 won, from the ground of a reservoir).
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police with regard to D;
1. A report on investigation (i.e., photographing a damaged site, etc.) and accompanying photographs;
1. In the application of investigation reports (related to the submission of Handphones and video images by the complainants) and accompanying video Acts and subordinate statutes;
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 on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The Defendant and his defense counsel’s assertion is merely a kind of 5-6 glusul seedlings extracted from 5-6 glusules, and a tree extracted from glus does not completely set up on the land. Thus, the Defendant and his defense counsel’s assertion was damaged.
It shall not be viewed, and the defendant is justifiable to extract the seedlings in order to secure a passage to go on his own farmland.
2. In light of the following circumstances acknowledged by the evidence revealed earlier, the above assertion by the Defendant and the defense counsel is not acceptable, since the facts constituting the crime in the judgment are acknowledged without any room for reasonable deliberation.
A. The injured party D consistently extracted 40 spawns by the Defendant
When collecting the field photographs where many other seedlings are planted at the place of the crime of this case and disposed of by removing a malm name, and video materials where the defendant extracts seedlings, etc., the fact that the defendant extracted 40 gyms in the judgment of the defendant can be recognized.
(b) In the crime of destruction of property, the collapse of property means the specific role of the property temporarily, as well as the conversion of the property into a state in which it cannot be used for its original purpose due to material destruction.