logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.05.19 2014노1962
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. In the past, misunderstanding of facts and misunderstanding of legal principles find that a new steel chain has been set up by the defendant on the steel chain that the defendant had installed, and they set the string to one side of the victim's wire net that was left before the dry field of the defendant, and there is no sprinking or walking with the victim's wire net.

Since there was a dispute over the boundary of ordinary land between the defendant and the victim, the illegality of the defendant's act of leaving the string or leaving the string of the victim's strings connected to the steel net is dismissed as it does not violate the social rules.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

Judgment

A. As to the assertion of mistake of facts and misapprehension of legal principles, the crime of causing property damage under Article 366 of the Criminal Act is established when the property of another person is damaged or concealed or damaged its utility by other means. Here, the term "conscising the utility of property" means de facto or appraisal making the property unusable for its original purpose, and includes temporarily making the property unusable (see, e.g., Supreme Court Decision 2007Do2590, Jun. 28, 2007). The following circumstances acknowledged by the evidence submitted by the court below are: (i) the fact that there was a dispute over the boundary of the land between the defendant and the victim; (ii) the boundary surveying of the land of this case was conducted at the request of the victim; (iii) the boundary sealing of the land of this case was installed at the boundary of the defendant; and (iv) the defendant was installed at a point that was set up within the boundary of the land of this case; and (iv) the defendant has set up a steel net connected with the existing steel net installed by the victim.

arrow