A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, in the course of selling to others the land on the plot of land outside Jeon-gun, Jeonbuk-gun, the Defendant owned by the Defendant (hereinafter “each piece of land in this case”), requested the victim D to remove one manager of the size of 61.77 square meters and 800 square meters of the total floor area constructed on each piece of land in this case, and requested the victim D to remove one manager without the victim’s consent on the ground that the victim did not comply with the request. However, on May 18, 2014, the Defendant removed one manager from the above manager by using equipment and parts, and extracted the above manager of the 800 square meters of the trees.

Accordingly, the defendant damaged the victim's manager and the deceased tree.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Witnesses D and E's respective legal statements;

1. Examination protocol of the accused by the prosecution (including the statement section F, D, and E);

1. A protocol of suspect examination of G police officers;

1. The police statement of H;

1. A complaint;

1. On-site photographs;

1. Application of a criminal investigation report (related to a sales contract, recording book, copy of the register of a building, and attachment of a building register), investigation report (related to calculation of details of damage), investigation report (related to damaged apology area and manager), investigation report (related to stables), investigation report (I relative investigation), investigation report (related to granting a subsidy to a project for creating fruit trees in 2005), investigation report (related to granting a subsidy to a project for creating fruit trees in 205), investigation report (related to H, I

1. Article 366 of the Criminal Act applicable to the crimes and Article 366 of the Election of Imprisonment;

1. Determination as to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (the following conditions of sentencing)

1. The gist of the argument is that the victim D, without any title, planted the fruit trees as indicated in the judgment on each of the instant land owned by G, the Defendant’s wife, and the ownership belongs to G, the landowner.

Therefore, it does not constitute the crime of property damage to extract the above fruit trees.

2. The judgment is based on the evidence duly adopted and examined by this Court.