Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On July 2013, the Defendant: (a) damaged 200 fire fighting trees owned by the said victim, which were seriously affected by the infringement of the right to sunshine and damage from the land owned by the victim D, which was located in Incheon, Incheon, Incheon, on the land owned by the Defendant; and (b) damaged the said victim’s 200 fire fighting trees owned by the said victim, with batteries and saws.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D;

1. Application of Acts and subordinate statutes to written complaints and written estimates;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. As to the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act, the Defendant asserts to the effect that not only the trees in the judgment were damaged by the Defendant, such as inducing the propagation of pests, obstructing the right to enjoy sunshine, etc., but also, the Defendant’s removal of trees inevitably exceeded the boundary of the Defendant’s land beyond the boundary of the land, and that such removal of trees constitutes removal of trees as stipulated in Article 240 of the Civil Act.

Even if the defendant suffered damage from the above trees, it is difficult to view that the removal of another person's trees at will is allowed without following due process such as civil litigation or execution, etc. In addition, according to the evidence of this case, it is difficult to view that the defendant simply removed the trees, but cut off the parts of the trees' body (see investigation records 8 to 13 on-site photographs). Thus, it is difficult to accept the defendant's assertion.