Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

At around 09:00 on September 9, 2015, the Defendant removed and damaged a steel fence installed by the victim D on the land of Gwangju Mine-gu, Gwangju Metropolitan City without permission.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. The defendant and his defense counsel asserted that the act of the above defendant's judgment constitutes self-defense, since the victim illegally removed the wall installed.

In order for a certain act to be recognized as self-defense under the Criminal Act, it must be reasonable to protect the present unfair infringement of one’s own or another’s legal interest. As such, it is not recognized as self-defense against an unlawful legitimate infringement, and whether the act of defense is socially reasonable should be determined by taking into account all specific circumstances, such as the type, degree, method of infringement, and the type and degree of legal interest to be infringed by the act of defense.

(1) Article 237(1) of the Civil Act provides, “A person who owns adjoining land may construct a boundary mark or fence at his/her own expense,” and Article 238 of the Civil Act provides, “A person who owns adjoining land may construct a boundary mark or fence at his/her own expense.” Article 238 of the same Act provides, “A person who owns adjoining land may construct a boundary mark or fence at his/her own expense.”

Furthermore, according to the lease agreement (36 pages of investigation record) entered into between the victim and E on the land in Gwangju Mine-gu, Gwangju, the lessee is separately lessor in the case of the termination or termination of the contract in paragraph 2 of this Article.