The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

The facts charged in the instant case was purchased from D on January 13, 1976 at KRW 129,200 among the forest E (current land category and orchard) 515 square meters (hereinafter “instant land”) owned by D, and then the 68 square meters on both sides of the instant land (high 120cm, approximately 50 meters in length and about 1m70cm in width between stone fences; hereinafter “instant stone fence”) installed a boundary of the land and used as a passage route.

On March 2012, the Defendant, while constructing a building on the instant land, removed the stone fence without permission, and made it impossible to recognize the boundary of the land by creating a garden by sub-fluoring turf, etc. aggregate.

The lower court rendered a judgment on October 4, 1984, that the Defendant’s Chomo F purchased the instant land from D and completed the registration of ownership transfer, and subsequently C cannot assert the ownership of the portion where the stone fence is installed, so at least from that time, the lower court acquitted the Defendant on the ground that the said stone fence became void as a boundary mark.

Summary of Grounds for Appeal

The court below found the defendant not guilty even though the stone fence of this case constitutes a boundary protected by Article 370 of the Criminal Act. The court below erred by misunderstanding the legal principles as to the boundary of a boundary intrusion, which affected the conclusion of the judgment.

According to the evidence duly admitted and examined by the court below, in order to build a road connecting its own land with D at the time when C, which was the owner of the land adjacent to the land of this case, was the owner of the land of this case, at the time of Seopopoposi, and purchased at KRW 129,200 among the land of this case at KRW 68 square meters and installed a stone fence of this case and used a stone fence as a road. around 1978, C tried to complete a partition procedure and ownership transfer registration procedure on the part where the stone fence of this case among the land of this case was installed, but the area of the stone of this case falls short of the basic area to be divided.