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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant, while performing a new construction work of D from around 2013 in Goyang-gu, Goyang-gu, the Defendant used the roads to enter the land C by cutting off and cutting off a fume to the ditches located in the F land managed by the victim E adjacent thereto. As seen above, the facts charged in the indictment in the indictment of G, which is laid fume, are indicated as “H”, but this appears to be a clerical error in the indictment of “G”, and it does not interfere with the Defendant’s exercise of the right of defense, and thus, is corrected ex officio.
It was known that it is not a ditch but a F-based land in cadastral map.
Nevertheless, on May 17, 2016, the Defendant removed the fume laid off with a width of 2 meters, 30 meters in length, and 1m in depth, using the fume, and neglected the removal, thereby undermining the utility of the land, such as: (a) the passage of the vehicle is difficult; (b) the passage of the vehicle flows out depending on the changed form of land; and (c) the ground is weakened; and (d) the risk of the collapse of the facility.
Accordingly, the defendant damaged the victim's property.
Summary of Evidence
1. Partial statement of the defendant;
1. Each testimony of witness E and I;
1. The defendant and his defense counsel asserts that the act of excavation is not an act of destruction because the defendant engaged in excavation to remove fume at the victim's request.
The crime of damage is prejudicial to the utility of property, etc. by damage, concealment, or other means, and thus, it infringes on the possibility of its use by directly exercising tangible power on the damaged property, etc. According to field pictures, etc., the part of the land of this case excavated by the defendant was removed by fume, with the width of 2m, length of 30m, depth of 1m, and wastewater, etc., flown into the part of the excavated land. The ground collapse, etc. is caused by the collapse of soil on the sloped part of the excavated land.