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(영문) 전주지방법원 남원지원 2017.03.28 2016고단98

경계침범등

Text

1. The defendant A shall be sentenced to two years of imprisonment;

, however, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 98"

1. On June 2014, Defendant A, who was bordered, was engaged in the work of reclaiming the area of 2,797 square meters prior to the Namwon-si G (hereinafter “G”) owned by the F clan, and making it into an orchard.

At the time, in the vicinity of the above G, the facts charged of L’s heir, such as I 635 square meters and J 486 square meters and K, which are H ownership, are described as K.

However, L is written as the owner of the above answer in the certified copy of the register of M answer (Evidence No. 10).

However, according to the above L, the above L had already died according to the "a certified copy of the Appellant's Referral (Evidence No. 8)."

Therefore, the ownership of the answer and related articles is inherited to the inheritor.

I would like to say.

On the other hand, the defendant does not dispute all the fact that the defendant damaged the boundary of the land in the judgment and makes it impossible to recognize it, and that he damaged the property in paragraph 2.

Since it is deemed that there is no obstacle to the defendant's exercise of the right to defense, the owner shall be corrected and recognized ex officio.

M 1,564 square meters, which are owned by the owner, were successively connected to the above land, there was a farm road (intersections and dry field boundary lines) on the boundary between the above land, and there was a valley between the above land and the N land, and there was a natural boundary between the above land.

Nevertheless, from June 2014 to July 201 of the same year, Defendant A used a scambling machine to make an orchard by cutting off the above farm road and scambling the valleys into earth and sand in order to make an orchard into a single land.

After all, Defendant A destroyed the land boundary as above and made it impossible to recognize it.

2. Defendant A, at the time, at the time and place specified in the preceding paragraph, engaged in the fluorization of land as above, L such as night trees and miscellaneous trees, and victims K, etc., who were planted in the said I and J’s land, where the market price of the victim H-owned land cannot be known.