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(영문) 춘천지방법원 2016.08.18 2015노469
경계침범
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 800,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (defence of facts and misapprehension of legal principles) is not to confirm the boundary of the land, but to ensure that the majority of the posts are naturally destroyed, so the boundary cannot be damaged or recognized due to the Defendant’s act.

The defendant put putting posts in his dry field to be damaged due to the start work, and laid the stone to put them above, so there was no intention of the damage of the boundary.

Even if the result and intention of the boundary damage of snow history are recognized, it is for the first work, which is not illegal as it is a legitimate act.

2. The Defendant alleged similar arguments in the lower court, and the lower court explained the reasons for detailed judgment, and found the Defendant guilty of the instant facts charged.

The following points acknowledged by the evidence duly adopted and examined by the court below and the court below, namely, ① the posts of this case were set up inside the dry field or the roadside of the defendant, which resulted in the defendant's act of putting them up on the ground that the boundary of the part is unclear. ② The defendant's act of putting them up for the purpose of putting them out even if they were to do so.

Even if so, it was admitted that the boundary is unclear in the outside, or that it was acceptable to recognize it.

The above actions cannot be viewed as a justifiable act in light of social norms, and ③ the defendant, in the prosecutor’s statement, has put one jum of boundary between the Gangwon-gun E and the I’s land.

In light of the statement, the judgment of the court below is justified if it is considered that the defendant had stuffed.

3. The Defendant, ex officio, agreed with F and F as the victim of the instant case, and F and F did not want to be punished by the Defendant, thereby sentencing this point.

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