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(영문) 수원지방법원 성남지원 2017.11.22 2017고단815
재물손괴
Text

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

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

Reasons

Punishment of the crime

On September 10, 2016, from around 10:00 to 12:00 on the same day, the Defendant destroyed the pine trees owned by the victim, who leased the instant land from the Defendant in the public land of the victim C and the Defendant located in Gyeonggi-si, Gwangju-si, by employing a nameless human body and allowing the damage of the said pine trees by using sckeers, without knowing that the pine trees planted on the instant land was the injured party.

Summary of Evidence

1. Legal statement of the defendant (the purport that he/she events pine trees is true);

1. Legal statement of witness E;

1. Statement of the witness C and F in the third public trial record;

1. On-site and photographs of damaged parts, certified copy of the register, and land trade contract (the defendant is owned by himself/herself by the relevant pine tree);

or to believe that he was his own possession.

However, according to each of the above evidence, the defendant is sufficiently recognized to have known that the above pine trees were not owned by himself/herself during the dispute with the complainant, and that he/she did so to commit the crime of this case.

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;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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