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(영문) 창원지방법원 통영지원 2018.07.24 2018고정38

경계침범등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 25, 2017, the Defendant installed a cement block fence and steel door with a height of 31.67 square meters (x 10.15 meters x 3.12 meters m in width) adjacent to the boundary of Doo-si, which is owned by the Defendant, among the parking lot lots owned by the Defendant, in Doo-si B, around March 25, 2017, to prevent the use of the victim’s land for its original purpose, and at the same time, made it impossible to recognize the boundary of land.

Summary of Evidence

1. Part of the defendant's legal statement (part of the land owned by the victim that a cement block, wall, and steel door are installed in part of the land owned by the victim);

1. Each legal statement of witness C and E;

1. Statement made by the police against C;

1. Complaint;

1. Application of all certificates of registration, certified copies of cadastral map, field photographs, agreements on the lease of State-owned land, agreements with the branch offices of the public prosecutor's office of Changwon District public prosecutor's office, agreements, and respective statutes;

1. The point of violation of the relevant legal provisions concerning the crime: Article 370 of the Criminal Act; Article 366 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. On March 25, 2017, the Defendant installed cement block fences and steel fences with a height of 2.2 meters in height on the boundary of 31.67 square meters adjacent to the portion of 31.67 square meters adjacent to the boundary of 144 square meters in Doo-si, the Defendant, a building site for the parking lot owned by the victim, B, 1546 square meters, which is a building site for the parking lot owned by the Defendant (hereinafter “the instant bed part”).

However, the part of the instant intrusion is the only road from F to F, the former owner of which is provided for the general traffic of the public, including the defendant, without compensation, and the defendant is entitled to enter the housing of the defendant through the vehicle.

Therefore, F and the victims of the land in title have waived the exclusive and exclusive right to use the affected part of the instant case.

If so, the defendant commits an offense against the defendant.