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(영문) 춘천지방법원 강릉지원 2015.04.16 2015노41
경계침범등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (the factual error) however, although the Defendant extracted the beam, the boundary role between the Defendant and the complainant’s land is a sn beam rather than the sn beamline, and the sn beamline loses its usefulness as a boundary. As such, the Defendant did not have an intention to commit a crime of aggression.

In addition, since the sn beamline does not play a boundary role, it cannot be said that it would impair its utility even if it is removed, it does not constitute a crime of damage.

2. The lower court rejected the Defendant’s assertion that the lower court did not have any criminal intent to commit the crime of boundary as stated in the judgment, and found the lower court guilty of all the charges of this case against the Defendant on the ground that the lower court served as a boundary mark.

In addition to the following facts found according to the evidence duly adopted and examined by the lower court’s determination, the boundary between the complainant and the Defendant’s land appears to have been sn beamed, rather than sn beam, despite the completion of snife, the boundary between the snife’s land and the Defendant’s land. As such, the fact of

① At the request of the complainant, the Korea Cadastral Survey was installed at the Korea Cadastral Survey Corporation after the boundary surveying was conducted on the dispute over the land boundary between the Defendant and the complainant. The complainant installed the sn beamline to clearly indicate the boundaries determined by such boundary surveying (hereinafter “instant boundary line”). At the time of the installation of sn beamline, the Defendant was not only on the spot but also did not raise any objection.

② If the sn beamline was installed for the sn beam construction, the complainant installed sn beam on the instant boundary line. However, in light of the fact that the complainant, after the sn beam was installed with approximately 15-20 cms from the instant boundary line, the sn beamline, which is not the sn beam, remains as it is after the sn beam was installed with approximately 15-20 cms from the sn beam of this case, the sn beamline, which

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