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(영문) 광주지방법원 2018.01.10 2017고정1848
경계침범등
Text

The sentence against the accused shall be determined by a fine of one million won.

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

Reasons

Punishment of the crime

The Defendant is a person who has performed clearing work in the area of 2,086 square meters in the area of Jeonsung-gun, Jeonsung-gun, 2,086, and the victim C is a owner of 2,231 square meters prior to D on the boundary line of the said land.

On July 29, 2017, the Defendant: (a) ordered E, an engineer of heavy equipment, to remove miscellaneous trees from the boundary point between B and D, under the pretext of arranging B B around 08:00; (b) was paid back to the victim’s owner; (c) probur trees and other miscellaneous trees at the market price indicating the boundary between D and B.

Accordingly, the defendant damaged another person's property, harmed its utility, and at the same time, became impossible to recognize the boundary of land.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of the statutes governing photographs submitted by the victim;

1. Articles 370, 34(1), 31(1) (a) and 366, 34(1) and 31(1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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