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(영문) 춘천지방법원 강릉지원 2015.01.07 2014고정450

경계침범등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in agriculture.

1. The facts constituting a crime in the bill of indictment indicating that “the Defendant has soil on the Defendant’s land in a manner of tshesheeting, and tweeted the boundary marks indicated by the Korea Cadastral Corporation.” However, the Defendant did not commit such an act, and the witness C stated in this court that “the soil was almost 1 meter away since 2 years have passed since the survey was conducted,” and the witness stated in this court that “the soil was almost 1 meter away from the land.” On November 21, 2011, around December 2013, the two years have passed since the boundary surveying was conducted, the soil was stored near one meter naturally, and the Defendant cannot be deemed to have laid down a boundary marks. Accordingly, this part of the facts charged constitutes a case where there is no proof of a crime. The witness requested the boundary marks on the land owned by the Defendant, which is the boundary marks of the land and the land owned by the Defendant, the boundary marks on the land owned by the Korea Cadastral Corporation, which is one of the boundary marks on the land.

Nevertheless, on December 2013, the Defendant, using the equipment, extracted the beam beam with the boundary mark separately marked by the complainants, and made it clear of the boundary.

2. The Defendant damaged property equivalent to 350,000 won at the market price by removing the sn beam beam with the sn beamline marked by the complainant as above 1. at the same time and place as above 1.3,00 won (=sn beam5 x unit price of 30,000 won) by recklessly removing the sn beam beam with the sn beamline marked by the complainant as above 1.1.

Summary of Evidence

1. Legal statement of witness F;

1. The police statement concerning F;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 370 of the Criminal Act concerning criminal facts and the choice of punishment shall be subject to boundary intrusion;

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