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(영문) 전주지방법원 군산지원 2017.07.21 2017고정82

경계침범

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall destroy, move or remove a boundary mark of land, or make it impossible to recognize the boundary of land by other means.

As the owner of the land and building C in Gunsan-si, the Defendant continued the dispute over E and the boundary of the land, which is the owner of the land and building adjacent to the above land, in Gunsan-si, and on January 29, 2015, the employees in charge of the head of the North-do Headquarters of the North-do Headquarters, the cadastral construction before the land was conducted to conduct a survey for the restoration of boundaries, and on the basis of the result, installed a boundary mark by indicating the boundary of the above land C and the above D land at the front part of the building of the Defendant.

Nevertheless, around August 6, 2016, the Defendant was unable to put up a boundary mark marked with the color scambling in the above Gunsan-si C using a paint in the above Gunsan-si.

Accordingly, the Defendant removed the boundary table of land, thereby making it impossible to recognize the boundary of land.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to the defendant in the protocol of interrogation of the suspect to the prosecution (including the E statement);

1. Statement made by the police for E;

1. Division of the results of cadastral survey;

1. Comparison photographs;

1. The application of Acts and subordinate statutes to investigation report (to hear the statement from the Flineline of the Cadastral Construction Works for the Defendant’s building) (the act of taking the part of a yellow paint in which the boundary point is indicated as the result of cadastral surveying on the front side of the building by the Defendant as a melting as an melting act may be assessed as an act damaging the boundary, and the intent of the boundary damage may also be sufficiently recognized to the Defendant in light of

1. Article 370 of the Criminal Act (a point of violation of boundaries) and selection of fines concerning the facts constituting an offense;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.