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(영문) 서울서부지방법원 2018.05.11 2017고정1199
재물손괴
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 8, 2017, around 13:30 on April 13:30, 2017, the Defendant destroyed and damaged the seed coats by using a saw, etc., on the ground that the market value of the above apartment building management office D managed by the head of the management department of the apartment building management office, which was planted as landscape trees in the place, was at least KRW 5 million (7 meters in height, KRW 120 centimeters in height, KRW 120 centimeters in height, and KRW 120 centimeters in height, and smells.

Summary of Evidence

1. Each legal statement of witness D and E;

1. A damaged tree photograph;

1. The entire certificate of each of the registered matters (as to whom the management entity of the above tree belongs, the above evidence reveals that all of the apartment buildings C and the above apartment buildings B, which are an aggregate building, are located on the ground F of Seodaemun-gu Seoul Metropolitan Government, the above trees were planted as landscape trees in front of the B commercial beauty art room at the time of completion of the apartment building, and the fact that the apartment management office managed by the apartment building, and the defendant is the sectional owner of the B commercial

According to the above facts, the trees of this case are owned by the owner of apartment and commercial buildings who are the owner of the site, or owned by the owner of the apartment and commercial buildings, or owned by the person who planted trees with the original title, and at least can not be seen as the sole ownership of the defendant. Thus, the management authority of this case

shall not be deemed to be a case.

Application of Statutes

1. Relevant Article 366 of the Criminal Act concerning a crime. Article 366 (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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