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(영문) 전주지방법원 2013.10.30 2013고정619

경계침범

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

In the 1960-1970s, the defendant's wife and the father of the victim E residing in the business north C and the neighbor's house were agreed to store cement block fences of about 20 meters in length and about 180cm in height with the boundary between the two houses.

Around June 2012, the Defendant conducted a cadastral survey to newly build a house at the above address. As a result, the Defendant was aware that approximately 20 square meters of land owned by the Defendant was assigned to the victim’s land, and that there was a difference between the fence and the boundary survey.

At the end of October 2012, the Defendant, at his discretion, arbitrarily dumped the above wall, and, at the boundary of the land owned by the Defendant, made it impossible to recognize the boundary of land by packaging it with concrete.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes governing complaint, fence, and photographic;

1. Article 370 of the Criminal Act and Article 370 of the Criminal Act concerning the crime, the choice of fines;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day);

1. Article 59 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2012Da42200) of the Suspension of Sentence 59 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2012Da42200)