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(영문) 춘천지방법원 강릉지원 2015.04.30 2015고정93
건조물침입등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

피고인의 주택과 피해자 C 소유 가옥은 서로 접하여 토지 경계를 이루고 있으며, 피해자의 가옥은 본래 망부(亡父) D의 소유였으나 D의 사망으로 상속이 개시되어 아들인 위 피해자를 비롯한 법정 상속인들에게 소유가 이전되었다.

Meanwhile, while surveying the boundary in 2010, the Defendant was aware that the fact that the store owned by the Defendant was located within the boundary of the victim’s land, and that part of the victim’s wall was located within the boundary of the Defendant’s land, and that the boundary of the land used based on the past boundary fence is not inconsistent with the substantive rights. From that moment, the Defendant unilaterally neglected the existing boundary and did not have good appraisal of the victim by demanding the removal of the victim’s housing gate while unilaterally disregarding the existing boundary.

1. On June 1, 2014, the Defendant of the damage to property requested the victim’s removal of housing gates installed for a long time without unilaterally disregarding the existing boundaries, but the victim refused to remove the housing gates, on the ground that the victim’s columns of the housing gates are included in the boundary of the Defendant’s land as a result of the boundary survey in 2010.

Therefore, the defendant ordered the Dong F F F of the defendant who was unaware of the circumstance to remove one warehouse constructed in the land where the boundary dispute arises, and the warehouse was kept intact, and only part of the fence which was constructed in contact with the warehouse was damaged.

At around 10:00 on the same day, the Defendant continued to extract the hacker file from the outside to the left-hand column of the victim's house, and kept the hacker file.

Accordingly, the defendant damaged part of the fence and gate column owned by the victim who could not know the repair cost.

2. The defendant entering a building shall have his house with the intention to damage the columns of the victim's house gate around that time;

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