logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.11.24 2017고단2953
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 November 2, 2016, the Defendant has a dispute over the market price of Posty tree 19glus in the process of creating a Mastye C forest in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and a woman 19glus in the above forest.

transfer to another person, or vice versa;

In doing so, it has impaired its utility.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police against D or E;

1. Each investigation report (the defendant is that E has obtained the victim D's permission through EF;

I think and argued that there was no intention of damage to property, but this court's lawfully adopted and investigated the following circumstances, namely, the defendant, via E, sought to transfer part of the trees planted by the victim D for the creation of the mountain, and the defendant's statement to the F to "I would know that it would cause damage to the trees 3 to 4 to create the mountain," and that "I would know that it would cause damage to the trees 3 to 3 to 4 to E". However, although I did not actually obtain permission from D, I did not confirm whether the defendant obtained consent from D, and the defendant did not transfer the trees to E without the victim's permission. In light of the fact that the defendant knew of these circumstances, it was recognized that the defendant moved the trees to E without the victim's permission.

Defendant’s assertion is rejected

Application of Statutes

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in the fact that the Defendant transferred the trees to create a her mother’s mountain site and there are circumstances to take into account the circumstances, the number of the relocated trees, prices, etc., and thus no compensation is being made.

arrow