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(영문) 대구지방법원 경주지원 2012.09.13 2012고정199
재물손괴
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 2, 2010, the land B is the land on which the ownership and boundary of the land have become final and conclusive by the civil judgment of Daegu District Court racing support on February 2, 2010, among the disputes over the mutual land ownership between the defendant's Eul and the victim's Eul, adjacent to D land owned by the victim C.

Around October 5, 2011, while the defendant and the victim did not have a good appraisal due to the above litigation, the defendant was to implement a stone construction work on the part of the defendant's land under the name of clarifying the boundary of both land as the victim C implements a new construction work on the land owned by the victim C.

Around 08:00 on November 13, 201, the Defendant, in collusion with F, was carrying out construction works for piling stone near the land owned by the victim located in D on the following grounds: (a) on November 13, 201, after setting up a boundary point on the land owned by the victim, the Defendant destroyed part of the said land by selling part of the land owned by the victim using scke, removing the fence, and piling up the land owned by the victim, thereby damaging the land owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement related to G and H;

1. Application of Acts and subordinate statutes to investigation reports (related to investigation by counter-surveyor I and re-verification of boundary points);

1. Article 366 of the Criminal Act applicable to the crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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