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(영문) 의정부지방법원 2020.07.22 2020고단2212
경계침범
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On August 9, 2019, the Defendant removed the boundary posts installed by C on the boundary line between the land B and the land B owned by C, D, and E on the ground that the building on the said land is newly constructed, and obstructed the Defendant’s packaging of the said land beyond the boundary line to find out the boundary between the said land B and F.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements concerning the suspect examination protocol of the defendant;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to field photographs, certified copies of the cadastral map, investigation reports (on-site confirmation, interview with the complainants and suspect interviews, and H telephone calls of the G company of the asphalt packing company);

1. Relevant Article 370 of the Criminal Act concerning facts constituting an offense and Article 370 of the Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that a defendant arbitrarily carries out a asphalt construction without the consent of the land owner adjacent to his/her own land. However, after the prosecution, a smooth agreement with the adjacent land owner is made after the prosecution, and the adjacent land owner does not want punishment against the defendant, the punishment shall be determined as ordered by the order.

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