Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

On October 24, 2013, the Defendant destroyed the land owned by the 125 square meters of the financial division (manager in charge of the financial division) located in the Jung-gu, Daejeon Special Metropolitan City on the land of the 160-5 square meters of the land owned by the 125 square meters of the Gu, Jung-gu, Daejeon, by taking away the 6-year ornamental pine trees from 6-years of the city, 8-years of 15gs of the city, and 6gs of the fluent tree from the market value in his/her hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Determination of the defendant's assertion of each on-site photo and tree photo

1. The crime of destroying and damaging property that constitutes the element of a crime shall be limited to cases where the act of destroying and damaging property makes the property in a state in which it is impossible to serve the original purpose of its original purpose, as well as cases where the act of temporarily changing the property into a state in which it is impossible

In this case, according to the defendant's assertion, the tree of this case is merely an planted tree, and thus, the defendant did not live even if he did so again, and even if he did so again, it can be deemed that the defendant's act would temporarily harm the role as a planted tree on the land, and therefore, the crime of causing property damage is established.

2. The defendant's act was denied by the victim's consent since the victim expressed his/her intent to waive all rights to the trees of this case to the defendant's wife. However, since it is difficult to view that the victim's consent was obtained by the evidence No. 1, and there is no other evidence to support this, the defendant's above assertion is rejected.

Application of Statutes

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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