Planting Pear and Jujube Trees on Someone Else's Land and Harvesting... "The 300,000 Won Fine Is Too Heavy"

Defendant Did Not Demolish Despite Demolition Request
Several Years After Planting Pear Trees, Fruit Harvested
Court: "May Constitute Theft but Low Possibility of Blame"

The court ruled that planting trees and harvesting their fruit without the landowner's permission constitutes theft. On the 13th, the Daejeon District Court Criminal Division 3 (Presiding Judge Son Hyun-chan) sentenced Mr. A (73), who was charged with theft, to a fine of 300,000 won.

Mr. A was prosecuted for picking about 12 pears from a pear tree planted on land owned by Mr. B (63) in Namyang-myeon, Cheongyang-gun, Chungnam, on October 25, 2021. Mr. B purchased the land on May 24, 2011. Mr. A planted one pear tree and a jujube tree on the land purchased by Mr. B without permission.

After confirming that the pear and jujube trees were planted, Mr. B sent a certified letter to Mr. A ordering him to remove the trees and to stop cultivating crops. Despite Mr. B's warning, Mr. A eventually harvested pears when the pear tree bore fruit.

The court ruled that planting trees and harvesting the fruit without the landowner's permission constitutes theft. On the 13th, the 3rd Criminal Division of Daejeon District Court (Presiding Judge Son Hyun-chan) sentenced Mr. A (73), who was charged with theft, to a fine of 300,000 won. The photo is not related to the specific content of the article.
[Photo by Asia Economy]

The first trial court stated, "Based on precedent that the ownership of trees planted on another person's land without legal authority belongs to the landowner, the trees from which Mr. A arbitrarily harvested pears were planted on the land, and Mr. A did not obtain permission to plant them even before Mr. B purchased the land." The court added, "Mr. A was verbally requested to remove the pear tree and others in 2015 and was informed through a certified letter that cultivation was prohibited and that Mr. B owned the land. Therefore, it is reasonable to view that Mr. A intentionally stole the pears." The court sentenced him to a fine of 500,000 won.

Mr. A appealed, arguing that the sentence was too harsh. The appellate court stated, "Although the act corresponds to theft under the law and Mr. A has shown remorse during this trial, the blameworthiness is not very high." The court also noted, "Considering that Mr. A has no prior record of similar crimes, the first trial sentence was too severe."

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