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(영문) 대전지방법원 서산지원 2019.02.28 2018고정138
업무방해등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant is a person who resides in B large 49m2 in Si, Jin-si, and the victim C is a owner of D large 674m2, which constitutes a boundary with the said land.

1. Around 09:00 on July 16, 2016, the Defendant damaged property and damaged the utility of property by taking a method of using multiple glusium boms, which the market price, which the victim depthd, in a dry field cultivated by the victim C in Jin-si, Jin-si.

2. On November 28, 2016, around 15:00 on November 28, 2016, the Defendant bordered the boundary by setting a dry field and a dry field, which arbitrarily indicates land boundaries, from the land owned by the said victim C, thereby making it impossible for the Defendant to recognize the boundary of the said land.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Full certificate of the matters to be registered:

1. Registers of cadastral survey results;

1. Decision on a provisional disposition prohibiting the intrusion of boundaries, and objection of provisional disposition;

1. Investigation report (a certified copy of work log of police officers entering the scene) and work log;

1. A written appraisal;

1. The defendant and his defense counsel asserts that the defendant's act of making dry ditches constitutes self-defense since the victim's first puts the bean, the defendant's side first puts the bean, and thus, it constitutes self-defense. The defendant's act of making dry ditches covers the sewage apparatus that the victim has set up its original boundary and thrown flat work, thereby restoring the existing boundary to its original state, and thus does not constitute elements of composition or it is not unlawful.

In order to recognize a certain act as self-defense, it must be reasonable to protect the current infringement of one's own or another's legal interest and therefore be reasonable. Even if the victim first saw the bean in which the defendant was deep, the defendant left the victim later.

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