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

The defendant is a person who resides in Busan B, and the victim E is a person who resides in F of Busan, and the defendant and the victim are adjoining one another.

From September 2014, the Defendant had caused conflicts as a matter of boundary invasion in relation to the renovation and repair works of the house owned by the victim.

[2015 High Court Decision 718]

1. On October 2014, the Defendant, who entered a residence, went into the victim’s house, through a opened gate in order to write the phrase “laping” or “de” on the victim’s house outer wall, and intrudes on the said residence twice.

2. The Defendant damaged the property by intrusion upon the victim’s residence at a temporary place, such as Paragraph 1, and Paragraph 1, and thereby destroying the building owned by the victim to require considerable amount of KRW 1,732,50,00 in repairing cost, by making a shot letter, namely, “laping” and “de-satising” the interior walls of the building owned by the victim.

[2015Gohap3037] On December 31, 2014, the Defendant, on the ground that the survey boundary line is indicated on the wall surface of the building owned by the victim, one meter line was effective.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and I;

1. The application of Acts and subordinate statutes on the site photograph 1 through 7, written estimates, pictures submitted by the complainants, documentary evidence, and cadastral map;

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, and selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant and his/her defense counsel regarding the assertion of the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order. <1> The defendant only intrudes into the outside part of the wall, and there is no fact that he/she intrudes into the victim's dwelling. <2>