(영문) 의정부지방법원 2016.12.22 2016고정1410

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(영문) 의정부지방법원 2016.12.22 2016고정1410

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

1. From November 7, 2015 to November 14, 2015, the Defendant bordered the boundary of land by constructing a new house on the land of Macheon-si C (hereinafter “Macheon-siD” in all addresses) and by removing 1g of night trees indicating the boundary with the F forest owned by the victim E, who is adjacent to the said land, to make it impossible to recognize the boundary of land.

2. In constructing a new house at the time and place specified in paragraph (1), the Defendant destroyed 10 glue trees owned by the victim E, which are damaged by cutting down 10 glue trees owned by the victim E.

Summary of Evidence

1. Partial statement of the defendant (as of the fourth trial date);

1. Police suspect interrogation protocol of the accused;

1. Each legal statement of witness G and H;

1. The Defendant asserts that, in relation to the offense of boundary, at the scene of the filing of the complaint agent and the scene of the preparation of an agent for accusation, the Defendant: (a) even though there was a fact that the Defendant extracted from night trees; (b) it was not a boundary mark on the boundary; and (c) even without such fact, the Defendant did not know that the said night trees were boundary, and thus there was no intention to commit a crime of boundary. The boundary in the offense of boundary under the Criminal Act, regardless of whether it is a legitimate boundary under the law, means a de facto boundary that has been used objectively to a certain extent, such as where the boundary was generally approved from the past or where there was explicit or implied agreement between the interested parties (see, e.g., Supreme Court Decision 2008Do8973, Sept. 9, 2010). According to the evidence duly adopted and examined, the Defendant: (a) the instant tree at the boundary point in order to divide the boundary between the land and the land on the part of the victim; and (b) the Defendant was 10.5.

참조조문

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