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(영문) 서울중앙지방법원 2018.03.27 2017고정3704
경계침범
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 2016, the Defendant arbitrarily removed three embankments for cultivation, indicating the boundary of the land owned by the victim E (13,133 square meters) located adjacent to the said land in Jin-si, Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do, in order to make it impossible for the Defendant to recognize the boundary of the land owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement made by the prosecution against the F;

1. Statement made by the police for E;

1. Investigation report (to hear statements from a witness G phone, and to attach all certificates to the registered matters of each land in this case);

1. Application of the statutes on cadastral map, aerial photography, or photography damaged;

1. Relevant Article 370 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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