The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The fence installed by the misunderstanding of the facts or legal principles on the part of the victim is not only a fence of the victim's stable, but also a structure unilaterally installed on the part of the victim, rather than a boundary with the land owned by the defendant. It does not constitute a boundary as referred to in the boundary crime.

In addition, in order to secure a minimum working space for the construction of a new building and a new construction space for a new building, the Defendant merely moves the fence of this case to a stable by up to 1m, and did not decrease the value of the fence of this case or make it impossible to use it. Thus, the Defendant’s act resulted in an impossibility of recognizing the land boundary.

It can not be seen, and there was no intention of the defendant to commit an offense over the boundary.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination:

A. (i) As to the assertion of misunderstanding of facts or misapprehension of legal principles, the crime of violation of boundary under Article 370 of the Criminal Act is the purpose of the provision in order to protect private rights and maintain social order by ensuring stability of legal relations as to the boundary of land. Here, the boundary referred to in this context does not necessarily necessarily refer to legitimate legal boundary, and is a boundary that does not correspond to legitimate legal boundary.

Even if it has been generally approved or has been determined by the explicit or implied agreement of interested persons and has been used as a boundary in an objective manner, it is called a boundary as referred to in this section.

Therefore, there is a dispute as to whether or not the existing de facto boundary, which had been widely used, is a legitimate boundary under law.

Even if the boundary is not a legally legitimate boundary, the circumstances of the special group that can be seen as losing objectivity as a boundary, such as the boundary has already been determined by the judgment.