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(영문) 청주지방법원 2016.02.16 2015고정117
재물손괴
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant leased a dry field to victims D for a period of five years from December 31, 2008 to December 31, 2013.

On May 26, 2014, when the contract was terminated, the Defendant sent a certificate of the purport that the Defendant 1 was g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g

In addition, it is difficult to conclude that the exact area of the ginseng field where the ginseng is planted is " around 500-600 square meters" solely based on the victim's approximate statement, the above part is not recognized. However, the specific value of the property damaged by the defendant does not affect the establishment of a crime because it does not affect the crime due to the reason for sentencing (see Supreme Court Decision 2010Do12928, Dec. 9, 201). Moreover, the above part is destroyed by the method of causing the death of ginseng owned by the victim, which was planted in the above dry field by walking the luminous site (see Supreme Court Decision 2010Do12928, Dec. 9, 2010).

Summary of Evidence

1. Legal statement of the witness D;

1. Entry of the defendant in part of the protocol concerning the examination of the suspect against the defendant and the statement D;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to an application for modification to the purport of the application, such as a photograph, text message, lease contract, peremptory letter, field photograph, appraisal document (Cheongju District Court 2014 Ghana 11888), and the like;

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. The order of provisional payment;

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