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(영문) 전주지방법원 2021.02.03 2020고정4
재물손괴
Text

Acquittal of the accused shall be acquitted.

Reasons

On October 2016, the Defendant destroyed and damaged the goods by using the Handbag 100km of the plastic steel in which the market price cannot be known on the grounds that part of the steel materials installed in the instant greenhouse of the victim C, located in the Jinan-gun B located in the Jin-gun of North Korea on the ground that the market price was invaded by the land boundary of the Defendant.

2. Determination

A. The statute of limitations for the crime of destroying property is five years (Article 249(1)5 of the Criminal Procedure Act and Article 366 of the Criminal Act). B) In full view of the following circumstances in the instant case, when the Defendant removed a vinyl, the period will be prior to May 2014.

(1) The Defendant, while making a survey to newly construct a house on his own land, was aware that C’s vinyl house was invaded by his own land, and was partially removed the said vinyl house to newly construct a new house.

In this regard, the defendant's above house was commenced on June 12, 2014 and approved for use on August 25, 2014 (Evidence No. 1) and it seems that the removal of the vinyl house was conducted prior to that.

around May 2014, the said vinyl appears to have been partially removed on the interview picture on the road map (Evidence 2, No. 3). 【E association, at the request of the Defendant, removed the said vinyl house at the time of having worked before being employed in the E association.”

In doing so, D filed a complaint with the “F” company from February 13, 2014 to August 30, 2018 (the evidence No. 3, the Defendant Company stated that it is a company engaged in meat processing within the building of the “F” association, and D stated that it is E.C.). On May 10, 2019, C filed a complaint with the “Defendant removed a vinyl house on or around October 2016,” while stating that “The Defendant removed the vinyl house,” and the investigative agency made a consistent statement from this court to this court.

However, C seems to be unable to accurately memory at the time when it became aware of the removal of the vinyl house as well as at the time of removal of the vinyl house.

3. Conclusion.

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