The defendant shall be innocent.

1. The Defendant was in the vicinity of the victim B’s residence (n, 43 years of age).

At around 15:00 on February 24, 2019, the Defendant damaged the victim's dwelling area in the racing city by cutting down the number of 100,000 U.S. tree glus in an amount equivalent to the market value of 100,000 won.

2. The summary of the defendant's lawsuit in this case is that the victim laid down the trees of the defendant's mother D, adjacent to his/her residence without permission, and thus, it does not constitute the crime of damage.

3. Article 256 of the former Civil Act provides that an owner of a real estate shall acquire ownership of an article attached to the real estate. In light of the form and form of the victim’s house, it is reasonable to deem that the instant timber was seriously affected by the victim’s hulled rice sofed (see, e.g., Supreme Court Decision 11Du1648, Apr. 2,

However, according to the photographs, a certified copy of cadastral map, and a land cadastre submitted by the defendant to this court, the fact that the land located in the victim's residence (F in light of border) and the Defendant's mother land (E in light of border) are connected is confirmed. On the other hand, even if the evidence submitted by the prosecutor is integrated, it is difficult to confirm whether the place where the trees in this case were planted is the land located in the victim's residence,

Therefore, the possibility of ownership of the Defendant’s mother D cannot be ruled out as it conforms to the Defendant’s mother D’s land. In such a case, it is difficult to readily conclude that plucking or plucking up the instant long tree is against the owner’s will.

Ultimately, the facts charged of this case cannot be said to have been proven without any reasonable doubt only by the evidence submitted by the prosecutor.

4. According to the conclusion, the defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act.