A defendant shall be punished by imprisonment for four months.

Criminal facts

On January 16, 2010, the Defendant entered into a lease agreement with the victim C to lease the above land to the victim by March 31, 2013, and the victim planted pop tree seedlings on the above land.

On March 3, 2014, the Defendant: (a) destroyed 30,000 won in total in the market value of 30,000 won, which is the victim's possession of the above land, by using a black box, on the ground that the victim did not pay the agreed rent properly; and (b) the victim did not restore the above land even after the expiration of the lease contract period.

Summary of Evidence

1. C’s legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to an investigation report (in relation to attachment, such as data on calculation of the cadastral map and area, a photograph, a detailed list of transactions of self-reliance deposits, attachment of field photographs, text messages, photographs, etc., and estimates, and the purchase of op-up trees

1. The reason for sentencing under Article 366 (Selection of Imprisonment) of the Criminal Code for the crime of this case lies in a favorable situation where the victim neglected to manage his planting trees by faithfully paying the rent to the defendant, and by smooth opinion exchange with the defendant.

On the other hand, the fact that the defendant is consistent with his defense and did not recover damage is disadvantageous.

In addition to the above circumstances, the sentencing conditions indicated in the records of this case, including the overall details and results of the instant case, the Defendant’s age, character and conduct, and career, shall be determined as per Disposition, comprehensively taking into account

However, the defendant is not bound by the court in consideration of the fact that the defendant has left a trial in good faith, the defendant needs to be given an opportunity to recover damage, etc.