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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds of appeal is that the defendant, who is a neighboring victim E, has been under dispute over a long-term boundary with the neighboring victim E, and then a civil lawsuit was conducted. The crime of this case was committed by the defendant prior to the civil lawsuit, and it is obvious that the defendant had been under dispute between the defendant and the victim, and there was no consultation or consultation with the victim prior to the removal of the wall of this case, and the wall of this case has functioned as a de facto boundary; although the wall of this case has been under the wall of this case, even if there was a retaining wall under the wall of this case, it is highly probable that the boundary is unclear from the third party's standpoint in light of the height of the retaining wall, etc., the court below found the defendant not guilty of the facts charged of this case. Thus, the court below erred by misapprehending
2. Determination
A. The summary of the facts charged in the instant case is that the Defendant resided in the Changwon-si Msan Member C, and the victim E who resides in the Changwon-si E, Changwon-si, the retaining wall and fence are across the boundary of neighboring land.
Around 10:00 on February 23, 201, the Defendant: (a) laid down the above wall in Masan-si, Masan-si; (b) on the ground that the wall (12 meters in length, about 12 meters in height, and about 1.30 centimeters in height) was installed in the above part of the Defendant’s ownership, thereby making it impossible to recognize the boundary of the above two sites by leaving the wall unclear the boundary that was previously demarcated between the Defendant’s above residence and the victim’s above residence.
B. The lower court’s judgment is insufficient to simply destroy, move, or remove a boundary mark, as it aims to ensure the stability of legal relationship as to land boundary and to protect an individual’s rights and maintain social order, and thus, it is not sufficient to do so.