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(영문) 광주지방법원 순천지원 2014.07.16 2014고정264
절도등
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 201, 201, the Defendant: (a) sold a dry field owned by the Cheonghae-ri 1087-1 Cheongyang-ri, a dry field owned by the Defendant, and a dry field owned by the Defendant, which had been installed for a long time, without permission, to display a boundary of a dry field owned by the Defendant; and (b) installed a steel net and loaded farming machinery, farming materials, etc. at that place to prevent the Defendant from ascertaining the boundary of a dry field owned by the Cheonghae-ri, a dry field owned by the Defendant.

2. The Defendant destroyed property damage, without permission, destroyed the victim Cheong Sea Farming Partnership Co., Ltd. owned by the victim Cheonghae Sea, which was planted at the boundary point due to the occurrence of an increase in growing crops, and thereby destroyed them.

3. From February 15, 2014 to June 16, 2016, the Defendant: (a) cut 300 tons of soil (5 tons: 30,000 won) located on the land owned by the Defendant for the Cheong Sea farming association (5 tons) owned by the Defendant using a five ton dump vehicle to the Defendant’s rice located at a place less than 400 meters away from the market price; and (b) cut off soil of 180,000 won at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the Acts and subordinate statutes attaching photographs to the scene of boundary intrusion and damage to property;

1. Relevant Article 370 of the Criminal Act, the choice of punishment against the crime, Article 370 of the Criminal Act, Article 366 of the Criminal Act, Article 329 of the Criminal Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

1. A fine of 500,000 won for the decision on a sentence (including the fact that the defendant is against himself, the first offender, and the fact that he deposits 1.8 million won for the victim, etc.);

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