The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

Although there was a dispute over the boundary and the victim opposed to the removal of the wall, the defendant left the wall which was de facto boundary without consultation with the victim.

The crime of this case led to the occurrence of a part of the fence, but most of them were dead, and one part of the fence remaining after the safety gate, which is a new structure that the Defendant voluntarily created, was unable to confirm the part where the fence was dead in appearance.

The judgment of the court below which acquitted the defendant on the ground that the de facto boundary did not reach a situation where it is impossible to recognize it.

The prosecutor held ex officio, while maintaining the facts charged as to the violation of boundary by the court below not guilty in the trial, applied for changes in indictment by adding the applicable provisions to the same contents as the statement of "criminal facts" as "the reason for the judgment which was used in the preliminary charges" under Article 369 (1) and Article 366 of the Criminal Act, while maintaining the name of the crime as "the damage of special property" in the primary facts charged. This court permitted this to change the subject of the judgment.

However, as seen below, this Court rendered a not-guilty verdict on the charge of the above boundary violation, which is the primary charge, and convicted of the above special property damage, which is the ancillary charge, so the judgment of the court below which is only the primary charge, can no longer be maintained.

However, despite the above reasons for ex officio reversal, the prosecutor's assertion of mistake is still subject to the judgment of this court, and this is examined below.

The boundary offense on the assertion of mistake of facts is established only when the boundary of land is not recognizable by any act. Thus, there was an act of harming the boundary.

even the act is an act.