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(영문) 수원지방법원 여주지원 2017.07.11 2017고정9
경계침범
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 15, 2015, the Defendant purchased from the husband E of the victim D the land F in Gyeonggi-gu, Gyeonggi-do (hereinafter “instant land”). On September 15, 2015, there was a pen, natural stone, etc., which was actually performed as a boundary by the victim, between the instant land and the Gyeonggi-gu G, and H land adjacent to the instant land.

On March 2016, the Defendant, after surveying the boundary on the instant land, found that the above pents and natural rocks, etc. were located on the ground of the instant land owned by the Defendant and were removed due to their true boundary change, and had the Defendant arbitrarily removed the above pents, and was unable to recognize the boundary of the land by digging natural rocks, flowers trees, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol of the police and the prosecution examination of the accused (including DNA statements);

1. Each police statement made to D or I;

1. E statements;

1. Complaint;

1. On-site photographs, etc. related to the completion of restoration, records of cadastral surveys, records of cadastral surveys, etc.;

1. Each investigation report (to submit on-site photographs, to be accompanied by a witnessJ's statement and E statement);

1. The application of statutes of the Korea Land Information Corporation to factual inquiries into the President of the two flats of the Korea Land Information Corporation;

1. Relevant Article 370 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. A fine of 1.5 million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 59(1) of the Criminal Act (i.e., the Defendant was the first offender who has no record of punishment and is deemed to have no risk of recommitting a crime; and the instant crime was committed by the Defendant on the grounds that the Defendant’s genuine boundary was conducted in the process of setting a new boundary mark by requesting a branch office of the Korea National Land Information Corporation to survey the true boundaries, and thus, there

1. The summary of the assertion is the land of this case.

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