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(영문) 창원지방법원 진주지원 2013.07.24 2013고정257

경계침범

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On or around March 4, 1989, the Defendant purchased land E (hereinafter “instant land”) from D around July 25, 2005, from Jinju-si, which was sold to D under the condition that C will take a 100 square meter of the cemetery created within the land by dividing it.

On May 29, 2011, the Defendant was unable to find out the boundary of C-owned cemetery by piling up stone in a tombstone installed from the past to build a new child-care center in the instant land and the boundary line of land owned by the Defendant, and by planting and planting private trees.

Summary of Evidence

1. Each police statement of C;

1. Answer of materials requested for investigation affairs (all documents related to permission and aerial photographys);

1. A copy of placement map, copy of document verifying the details of the request for reinstatement and partition, reply to verification of the details sent by a suspect, copy of cadastral survey result register, copy of cadastral map, cadastral map, result of partition survey, and result map of boundary restoration;

1. The application of Acts and subordinate statutes, such as photographic materials, one cemetery photograph, a photo on the construction site, a field photograph (the taking of August 23, 2012), and the following satellite photographs of the next map (the year 2008, the year 2009, and the year 201);

1. Relevant Article 370 of the Criminal Act concerning facts constituting an offense and Article 370 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;