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(영문) 대구지방법원 서부지원 2018.12.20 2018고정363
경계침범
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On November 14, 2018, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for special injury in the Seo-gu District Court Branch of the Daegu District Court on November 14, 2018, and such judgment became final and conclusive on November 22, 2018.

On June 13, 2017, the defendant is a relative of E's house located adjacent to the victim D's house located adjacent to the victim D's house located adjacent to the Seongbuk-gun, Seongbuk-gun, and the two houses were unable to recognize the boundary between two houses by mobilization of Pokes without the victim's consent.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, D, and G;

1. Certificates of the existence of the petition and fence, - Photographs;

1. Investigation report (or relative investigation of a complainant);

1. Investigation report (abdoing a summary), investigation report (abanding a photograph of the scene of submission of a criminal complaint), investigation report (on-site confirmation and attaching a on-site photograph), - On-site photograph;

1. A complaint, a complaint, a certificate of all registered matters, - a letter of consent, and an on-site photograph;

1. Investigation report (on-site inspection and attachment of photographs), - Field map, on-site photograph;

1. Investigation report (in the course of survey), investigation report (in the course of survey), data submitted by the defendant (in the form of a photo, etc.), - NAV interview outputs, - printing out by capturing a screen image;

1. Each investigation report (referring to the investigation of a witness H) and investigation report (the investigation of a witness I into a village head);

1. Investigation report (Attachment of block studio photographs);

1. Previous conviction: A reply to inquiry, such as criminal history, and the application of substantial factual Acts and subordinate statutes to this court;

1. Relevant Article 370 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that the defendant recognized his mistake, and considerable parts of the fence, which achieved the boundary between the land on the part of the defendant and the victim's land, have already been abandoned, and this is likely to cause a problem in the safety of the house in which the defendant was living, and the defendant is so.

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