The defendant shall be innocent.

1. On October 10, 2019, the Defendant: (a) destroyed the instant facts charged on the ground that, at around 10:00 on October 10, 2019, the tank trees planted in approximately 130 meters away from the field owned by Sim-si B, C, and E (n.e., 74 years old) for the purpose of indicating a boundary, they interfered with the passage of the digging hole at the site of the entrance of a vegetable garden where the outside name of the instant case cannot be known to a single-name “F (F)” (around 130 meters away from the market price of the instant case.

2. 피고인의 주장 농로의 통행을 확보하기 위해 E의 동의를 얻어서 전지( 剪枝) 작업을 한 것에 불과 하고, 그 수단 ㆍ 방법 또한 상당하므로 위법성이 없으며, 가지만을 절단하였으므로 탱자나무의 효용을 해하였다고

It is difficult to see it.

3. Determination

A. First, we examine whether the defendant's act was based on the consent of E.

According to the records of this case, it was found that the tank trees were planted along the boundary lines of the E-owned land B and 2, but the tank trees were cut to the farm roads adjacent to the above land (2 meters wide; hereinafter “the farm roads of this case”). Accordingly, the village residents complaining of inconvenience, and the village residents were working for the cutting of the farm roads of this case after the civil petition was filed, and the Korean power staff were dispatched to Korea, on the 4th page of the record of the witness examination of G. E was requested from village residents to easily change the group trees of the tank trees each time they live in Seoul and mainly in Seoul. E was also requested from them to enter the village, and E was well called, “E was to use the recording of the farmland of this case to make the payment of the money,” and “E was to use the recording of the farmland of this case to the village residents of this case and the Defendant, the village residents of this case.”