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(영문) 대구지방법원 상주지원 2013.03.19 2012고정231
경계침범
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 2012, the Defendant conducted a cadastral survey by requesting the Korea Cadastral Corporation and a branch office of the Korea Cadastral Corporation, which is dissatisfied with the victim, to conduct a cadastral survey with regard to the boundary of land E and land above C owned by the victim D, and as a result, removed a boundary mark, which was located in the part identified as the land of the Defendant, thereby making it impossible for the Defendant to recognize the boundary of land.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F and G;

1. Some prosecutor's protocol of interrogation of the defendant (including D's statement)

1. Application of Acts and subordinate statutes to each on-site photograph [the act of the defendant stated in the facts constituting an act of causing the awareness of land boundary beyond simply destroying, moving, or removing the boundary mark, thereby constituting a crime of aggression under the Criminal Act];

1. Article 370 of the Criminal Act applicable to the crime;

1. 70,000 won for the choice of punishment and fine;

1. The conversion day of Articles 70, 69 (2) and 50,000 won into one day for detention in a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (Article 59(1) of the same Act (Article 59(1) of the same Act does not impose heavy punishment on an act, and the section of boundary identification is relatively minor, and the Defendant’s commission of surveying at his own expense leads to a criminal fact, which is a dispute over the boundary, and there are some circumstances to consider the circumstances; the Defendant does not have any criminal offense; the Defendant is an old age

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