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(영문) 제주지방법원 2019.10.16 2019고정64
건조물침입등
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B are co-owners of land C at the Seopopopoposi, and the victim is the actual owner of the house as the children of the house located in D at Seopoposi, Seopoposi, the co-owned land.

1. On November 15, 2013, the Defendant: (a) around 20:00 on November 15, 2013, when he/she was living in a building located adjacent to the said house owned by the victim, he/she collected garbage, etc. from the said building; (b) and (c) thought that he/she did not obtain the victim’s permission; and (d) went into the said building through the entrance of the said house and intruded the victim’s building.

2. The Defendant, as mentioned in the preceding paragraph, collected wastes, such as wing paper, bales, and wing paper, which were located in the building at the same time and place as mentioned in the preceding paragraph, before the entrance of the building, and affixed a fire to the waste by using disposable bags.

In such cases, even though the above fire has a duty of care to prevent the spread of other articles in the above building, the defendant, even though he had a duty of care to prevent the above fire from spreading to the above building, he easily affixed the above garbage to inflammable substances in the above building and moved the fire to the whole building.

Accordingly, the Defendant destroyed the above building by negligence so as to cause damage equivalent to KRW 1,155,00 in the calculation of fire stations.

3. From April 25, 2018 to 09:00 to 12:00, the Defendant, at the access road installed between the house of the Defendant and the house of the victim located in the above co-owned land, opened the above access road. In order to expand the access road, the Defendant laid down approximately 25.96 meters in the direction of the victim’s house, which was recognized as the boundary of the victim’s land among the above access road fences, and he stored a stone by moving approximately 1.1 meters in the direction of the victim’s house to the direction of the victim’s house.

Accordingly, the Defendant moved the boundary mark as above, thereby making it impossible to recognize the boundary of the land owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and F;

1. Comprehensive report on fire occurrence;

1. An investigation report (on-site verification with regard to boundary intrusion) 1.

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