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(영문) 전주지방법원 2017.01.26 2016노1128
재물손괴
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact-misunderstanding and legal principles, the tree in this case was planted without title on the land owned by the Defendant and owned by the Defendant. As such, the Defendant’s cutting of the tree in this case cannot be deemed as an act of damaging another’s property.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. The summary of the facts charged by the Defendant is a clerical error in writing, as stated in the written indictment in the F indictment of the former North Korean Office in around 10:00 on September 2, 2015.

On the ground that the victims' dry field D and the mountain tree owned by the victim, which were planted at the point of the close of the defendant's house, were planted on his own land and were moved to another place several times, but did not be moved to another place, damage another's property by cutting off the forest tree of 1190,000 won at the market price using the mechanical saw owned by the defendant.

3. The lower court determined that the instant tree tree was planted on the land owned by the Defendant, which was owned by the victim, on the ground of the land owned by the Defendant, over which the victim was in possession of the boundary, but there is a dispute over the boundary between the Defendant and the victim, and the area of the part possessed by the victim due to an intrusion on the boundary is very small compared to the area of the land owned by the victim or the Defendant, and the part occupied by the victim over the said boundary is deemed to have been occupied frequently. As such, the instant forest tree was in conformity with

The lower court determined that the instant facts charged could not be deemed to have been convicted.

4. Determination on whether a deliberation was made

A. Article 256 of the Civil Act provides that “The owner of a real estate shall acquire the ownership of an article attached to the real estate.

However, this is not applicable to those attached by another person's source.

“......”

Article 256 of the Civil Code provides for exceptions to the attachment of real estate. The title is a superficies, a right to lease on a deposit basis, a right to lease on a deposit basis, a right to lease.

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