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(영문) 의정부지방법원 고양지원 2018.06.14 2017고정801
재물손괴
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant stated to the effect that the market value of the U.S. pine trees 10glue at the time of 11:00 on the 29th century, around 2016, at around 11:00, the Defendant stated to the effect that “14 glue,” and the witness F did not regard the number of pine trees accurately at the time of extraction,” and that the Defendant was extracted to the extent of 10 glue.

Since the purport is recognized, 10 glus recognized as the defendant as a criminal facts.

I extracted from the Republic of Korea and have impaired its utility.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness F in the third public trial records;

1. On-site photographs;

1. Determination as to the assertion by the defendant and his defense counsel on the overall map of cadastral and building, a certified copy of cadastral map

1. Although the instant pine trees, claiming the act of a political party, interfered with the Defendant’s right to passage over the surrounding land, the Defendant was able to file an application against the victim for a disposition of obstructing passage and exercise the right according to the execution procedure.

As such, it was the only means to excavate the pine trees of this case to arbitrarily exercise the power.

shall not be deemed a justifiable act, as such.

2. The witness F alleged that part of the trees were planted to G, which is not the land of the victim, rather than the land of the victim, stated to the effect that the above state-owned land and the land of the victim were planted only to the victim's land because they were set up, and the defendant did not make the above assertion at the investigation stage, the above argument cannot be accepted.

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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