The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant and the victim C, who reside in the side house, have a dispute over the loss of trees at the risk of the victim's cultivation between the house and the defendant's wall.

On June 27, 2016, the Defendant, at around 15:20 on the 15:20 on Jun. 27, 2016, maintained the 30 weeks of trees at the risk of the victims planted adjacent to their residential fences located adjacent to Yongcheon-si D, thereby hindering the harvest of trees at the risk of their production in the same year, thereby impairing the proprietary utility equivalent to approximately KRW 65,000.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion of a justifiable act under Article 59(1) of the Criminal Act (a) of the suspended sentence (absent circumstances, such as the Defendant’s age, sexual conduct, etc.) (absent neighbors having no criminal record, and the Defendant’s wall between the victim and the victim, which appears to have somewhat exceeded the Defendant’s wall at the risk of the victim’s own wall,

1. The Defendant and his defense counsel demanded the removal of several times of damage, at the risk of two trees owned by the Defendant’s victim, beyond the Defendant’s wall. However, the Defendant’s own removal of its branches due to the victim’s failure to comply therewith, which constitutes a justifiable act under the Criminal Act, as it is in accordance with Articles 240(2) and 240(1) of the Civil Act.

2. The term "act that does not violate social rules" under Article 20 of the Criminal Code refers to the act that can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and it is reasonable, under specific circumstances, whether a certain act is dismissed as a legitimate act that does not violate social norms.