beta
(영문) 의정부지방법원 2013.04.04 2013고단149

경계침범등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around September 22, 2012, the Defendant, who was bordered, removed a fence, adjacent to the said apartment, indicating the boundary with the said apartment, to remove the fence indicating the boundary with the said apartment, and then installed a fence on the inside of the site of the said school, thereby making it impossible to recognize the boundary of the land impossible.

2. Around September 22, 2012, the Defendant violated the Public Property and Commodity Management Act, while constructing access roads to apartment houses, without permission, used the said D High School site No. 4.8 square meters, which is administrative property owned by Gyeonggi-do, as part of the access roads to apartment houses, instead of following the procedures and methods prescribed

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A complaint;

1. Photographs of each current status;

1. A fence plan and a floor plan;

1. A certified copy of the land register;

1. The application of statutes to the results of surveying cadastral status;

1. Relevant provisions of the Criminal Act and Article 370 of the Criminal Act of the choice of punishment concerning facts constituting an offense (the point of a violation of boundary, the selection of fines), Articles 99 and 6 (1) of the Public Property and Commodity Management Act (the point of unauthorized use of administrative property and the selection of fines);

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

1. The same sentence as the order was determined in consideration of the fact that the defendant, on the grounds of sentencing of Articles 70 and 69(2) of the Criminal Act, restored the fence to the original state and paid the indemnity, etc., and agreed smoothly with the victim.