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(영문) 춘천지방법원 2014.07.08 2013고정652
재물손괴
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant: (b) from March 2013, 2013 Staff;

5. In the land of the Seocheon-gun, Gangwon-do, which is owned by the victim D, in order to create an access road to the land located in the F, Defendant-owned land, the sum of the market prices of the victim owned by the victim, which are approximately KRW 98,440,00, and KRW 600,000, was extracted from the land owned by the victim and used the excavated machine to function.

Accordingly, the defendant damaged the victim's property.

2. As to the change of the defendant's lawsuit and the issues thereof, the defendant's access road to the land owned by the defendant from the police to the court of law shall be denied the charges by asserting that he/she did not have her married trees above.

Therefore, the key issue of the instant case is whether there are married trees on the land above E (hereinafter “instant land”) at the time the Defendant submitted access roads.

3. The recognition of the criminal facts against the defendant should have been proved to the extent that there is no reasonable doubt.

Therefore, in a case where there is no evidence to prove the above degree of suspicion, even if there is no evidence to prove the defendant guilty.

Even if there is no choice but to judge the interests of the defendant.

Among the evidence submitted by the prosecutor, there are witness D, G's each legal statement, each police statement about D and G, the accusation prepared by D and each photographic image attached to the investigation report (on-site photograph).

First of all, the statement made by the law and investigative agencies of D and the complaint prepared by D are examined.

① At the time when submitting a written complaint to an investigative agency and first investigation was conducted by the police, D stated that the degree of 400 square meters out of the instant land was damaged due to the Defendant’s act and that the damaged land was planted in total, and that 1,200 square meters was planted, D was present at the police on August 17, 2013 and was investigated.

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