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(영문) 의정부지방법원 2017.07.07 2016고단3217
재물손괴
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant from June 5, 2016 to the same year.

6. From June to June, it was destroyed by arbitrarily cutting down and destroying 2 g of street trees (water species: Meta quotas) equivalent to the aggregate market value of KRW 5,082,00, which is owned by the Gu Council city, without the permission of the Council, on the ground that the Defendant’s building underground sewerage management is obstructed by the roots of street trees planted by the Council city on the ground that water flows out by the Council city on the ground that the water flows out.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses D in the second public trial records;

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

1. Statement made by the police against D;

1. A statement of petition, a written request for an investigation, a site photograph, or a report on the progress of the case of felling roadside trees without permission, and a statement of calculation of charges to the

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article of the Criminal Act and Article 366 of the Criminal Act concerning the crime. Article 366 (Selection of Penalty Penalty)

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. Article 59 (1) of the Criminal Act guilty and reasons for sentencing of suspended sentence;

1. The Defendant asserts to the effect that, on the ground that there is a problem, such as drilling sewage from the land owned by the Defendant, the above roadside trees are not valuable as property, or they cut the roadside trees with the permission of the person in charge in order to solve the above problem, and that the act constitutes legitimate act or self-help.

2. The following facts are acknowledged according to the facts and evidence of the case.

While the Defendant was doing construction to solve the problem that water flows out of his own building, the Defendant was aware that the roots of the roadside trees of this case was the one who destroyed the underground sewage pipes, etc. on the land owned by the Defendant, and that the Gemanium had electric wires.

On May 27, 2016, the Defendant made a telephone call to the viewing E and staff (D) of the Government that manages street trees and made a public notice of the problem to the public.

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