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(영문) 서울중앙지방법원 2016.10.19 2016고정946
재물손괴
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On September 16, 2015, the Defendant: (a) on the victim D registry in Seocho-gu Seoul Metropolitan Government, the husband F owned by the owner D on the victim D registry; and (b) on the victim’s land owned by Seocho-gu Seoul Metropolitan Government, Seocho-gu Seoul Metropolitan Government, the Defendant extracted and damaged the unclaimed property of the market without the owner’s permission.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements from witnesses D and G;

1. Complaint (D);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (related to attachment of field photographs);

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. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the Defendant asserts that the above act constitutes self-help or legitimate act inasmuch as he was removed in order to prevent one’s blue tree from killing one’s blue tree in order to kill G on the ground of the ditch owned by the Seoul Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, which actually has the right to occupation and use and to obtain the right of expectation similar to that of occupation and use of ditches.

However, the above argument by the defendant cannot be accepted in light of the fact that the defendant is not a legitimate occupation right holder of the above ditch, and that G removed boom trees at the expiration of seven months after G planting, and it is difficult to view it as a self-help for preventing the death of his blue tree, and that G at the time there is no objective material about the fact that brue trees had already been dead, and that it cannot be viewed as a legitimate act solely because G discovered brue trees had already been dead.

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