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(영문) 수원지방법원 2017.05.10 2016노6201
재물손괴
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

1. According to the evidence submitted by the Prosecutor (misunderstanding the facts), the ownership of trees on the ground of G land (hereinafter “instant land”) is owned by the victim in Si interest, and even though the Defendants sufficiently recognized the fact that they cut down without authority, the lower court acquitted the Defendants by misunderstanding the facts.

2. Determination 1) Defendant B was the owner of the instant land, and Defendant A is the real estate broker who arranged the instant land transaction, and Defendant F is the owner of the instant trees whose method of planting trees and expressing name is indicated on the instant land.

On August 31, 2015, the Defendants promised to dispose of trees owned by the victim of the instant land to H during the course of trading the instant land on the land at Flux, a purchaser at Flux. However, the Defendants were willing to cut trees on the instant land, which did not be treated.

Accordingly, Defendant B paid Defendant A KRW 3,00,000 for the felling of trees on the instant land. around 15:00 on January 30, 2016, Defendant A mobilized human parts on the instant land and cut off total of KRW 27 weeks, including KRW 71,166,384, the market price owned by the victim who was planted on the instant land, and KRW 71,166,384, and KRW 13, and KRW 3,00 for bank trees (hereinafter “the instant trees”).

As a result, the Defendants conspired to damage the trees of this case owned by the victim, thereby impairing their utility.

2) The lower court determined as follows: (a) the victim was a person who owned the instant trees, or the Defendants cut down the instant trees without authority on the sole basis of the evidence submitted by the prosecutor on the grounds stated in its reasoning.

The Defendants were acquitted on the charges of this case on the grounds that there is no other evidence to acknowledge it.

3) Based on the evidence duly adopted and examined by the lower court and the first instance court.

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