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(영문) 춘천지방법원 2018.08.22 2018고정87
재물손괴
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 22, 2017, around 10:00, the Defendant damaged the 10-year pine trees 60 gymnas from D (60 gymnas, south gymnas, south gymnas, and gymnas gymnas into his house by using the early stage of the preliminary process, thereby damaging the 4gs of gymnas by destroying property equivalent to KRW 800,00,000 and damaging their utility.

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs damaged by pine trees), investigation reports (on-site confirmation photographs and determination of whether pine trees are damaged);

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant is not guilty on the following grounds: (i) the 4 gys (hereinafter “the instant pine trees”) of the said 4 gys (hereinafter “the instant pine trees”) do not have to have any effect to the extent that its value is damaged; (ii) as the instant pine trees correspond to the land and were owned by G, the owner of the land, the property damage cannot be established in relation to D; and (iii) the Defendant merely interfered with the passage of the instant pine trees and caused danger to children, and thus, there is intention.

It is difficult to see

The argument is asserted.

Therefore, according to the evidence in the judgment, ① the fact that the instant pine trees become one of them and have little economic value, and ② the crime of destroying property is established by destroying another’s property (Article 366 of the Criminal Act), and even if the instant pine trees were owned by G due to their conformity with the land, it is sufficiently recognized.

Even if there is no change in the other person's tenant's tenant's tenant's tenant's tenant's tenant's tenant's tenant's tenant's tenant's tenant's tenant's tenant.

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