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(영문) 대구지방법원 2017.12.15 2016고정1465
재물손괴
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 2015, the Defendant destroyed land owned by the victim D et al. located in Gyeongsan-si, the Defendant, without authority, by removing tree dust from the land located therein to create a parking lot, and by embankinging stone.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Part of the witness F’s legal statement;

1. Investigation reports (in relation to the verification of removal of trees), photographs, certified copies, etc. of cadastral map, investigation reports (in relation to the excavation of trees cut at the site), photographs of each site, removal photographs, certified copies of cadastral map, certified copies of cadastral map, certificate of all the matters to be registered, internal investigation reports, and photographs;

1. A copy of the judgment (Tgu District Court 2015 group 125606 group) [In the case of the defendant and his defense counsel, the defendant and his defense counsel created a parking lot on the land of this case in the same manner as the facts charged in the instant case. However, the land of this case is the land for which H purchased from the network G (registration name) attached to the victim, etc. and the defendant promised to use and donate the land free of charge to the present I (GuJ), which is the president of the Defendant. Thus, at the time, the defendant did not have any awareness of other person's property or intent to damage property.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the Defendant was clearly aware that the instant land was owned by a third party, not by the Defendant or the present I (former J) prior to the creation of a parking lot on the instant land; ② the Defendant did not confirm at all the documents, etc. that could objectively know the ownership of the land, such as a certified copy of the register or the cadastral map, before creating the parking lot; ③ rather, the Defendant created a parking lot on the instant land without any verification process, without any basis, with the trust of the parties within the said foundation (the former president or the persons affiliated with the Foundation) who are not all grounds.

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