Defendant

B shall be punished by a fine of 300,000 won.

Defendant

B If the above fine is not paid, 100,000 won.

Punishment of the crime

Defendant

B, at around 14:00 on August 5, 2015, the victim E, a land adjacent to the orchard owned by the Ulsan-gun, Ulsan-gun, and damaged trees in the market price, such as 5 girs, bird trees, 2-3 girs, and 1 girs, which were planted in the above orchard, voluntarily, in order to meet the height of the ground between the two lands, which differs from the height of the ground of the above orchard, were damaged by putting them over as cirs, and covering them with soil.

Summary of Evidence

1. Defendant B’s legal statement

1. The suspect interrogation protocol of the defendant A;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (fields and photographs of damaged articles);

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged is the person engaged in agriculture, and Defendant A is the person engaged in the retail business of aggregate.

The Defendants were allowed to remove the said trick tree from the victim, but Defendant B tried to remove the said trick tree without permission on the ground that the trick tree was connected or adjacent to the said trick tree due to the trick tree owned by Defendant A, which was planted in an adjacent orchard to the said trick field. However, the Defendants conspired to remove the said trick tree with the said trick tree without permission on the ground that other trees are also connected or adjacent to the said rick tree.

Defendant B, according to the above public offering, in an orchard located in Ulsan-gun G on July 15, 2015, around 14:00, Defendant B destroyed the fruit trees owned by the victim of the Republic of Korea, including but not limited to 3-4 glue trees, 2-3 glue trees, tank 3-4 glue trees, and the market value of the bitrae trees owned by the victim of the Republic of Korea, which were planted at the same place, by cutting over the bitra, and destroying them by covering the soil at the same place.

Accordingly, the Defendants jointly damaged the property.

2. Determination

(a) the facts of recognition;