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(영문) 수원지방법원 평택지원 2013.09.05 2013고정140
재물손괴
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, as the (ju) D representative director, destroyed and damaged a fluorous tree in the market price, such as 2glus and 20glus, on December 5, 201, while carrying out the retaining wall construction work on the site for building the house owned by the flusian employees of the flusium, on the ground that the Defendant was performing the retaining wall construction work on the land owned by the victim E.

2. The assertion and judgment

A. The Defendant and his defense counsel asserted that the Defendant and his defense counsel were planted on the land 961 of the same Ri (hereinafter referred to as “the land owned by the NAE”) which is not the land owned by the victim E (hereinafter “E-owned land”) but the land owned by the NAE (hereinafter “NAE”) in the e-owned land, namely, the land owned by the victim E, not the land owned by the victim E (hereinafter “E-owned land”). Therefore, in accordance with the legal principles consistent with the Civil Act, the Defendant owned the NAE-owned land, not the victim but the NAE-owned land. Therefore, the Defendant asserted that the Defendant did not damage the property owned by others.

B. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge not having any reasonable doubt as to whether the facts charged are true. Therefore, if there is no such evidence, the suspect is suspected of guilt even in the absence of such evidence.

Even if it is inevitable to determine the interest of the defendant as the interest of the defendant (see, e.g., Supreme Court Decision 2001Do2823, Aug. 21, 2001), witness E, G, and H’s statutory statement, etc., where the market value, such as large trees 2, large trees 2, large trees 2, and large 20gs, are planted near the land owned by the victim E and the land owned by the NAE. On the other hand, it is recognized that the defendant constructed a retaining wall near the boundary while performing construction work on the house owned by the NAE upon the order of the NAE and performed construction work on the house owned by the employee.

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