Boundary erosion crime shall be constituted by destroying, moving, or removing a balance sheet, or by making it impossible to recognize the boundary of land by any other means.

Since a crime of aggressioning on the boundary is established by destroying, moving or removing the land table or by making it impossible to recognize the boundary of land by other methods, even if there exists an act of destroying the land table, the crime of aggression on the boundary shall not be established unless the result of an impossible recognition of land boundary does not occur.

Article 370 of the Criminal Act

Defendant

Prosecutor

Busan District Court Decision 70No1176 delivered on June 11, 1971, Busan District Court Decision 70No176 delivered on June 1, 1971

Article 370 of the Criminal Act is established by destroying, moving or removing a land table or by making it impossible to recognize the boundary of land by other methods. The destruction, alteration, removal, etc. of a land table is merely an example of methods which make it impossible to recognize the boundary of land. As a result of such act, it is necessary to recognize the boundary of land as a result of such act, and there is no provision on the attempted crime, it is reasonable to interpret that the principal crime cannot be established unless there occurs any result of land boundary uncertainty, etc. even if there is no provision on the attempts to commit the crime.

Therefore, the court below's above opinion is that the land at issue in this case, namely, the land at issue, namely, the land at issue: 50 square meters from the Busan Eastdong-gu (detailed omitted) of the non-indicted 1, and the land (detailed lot number omitted) as owned by the defendant in the same (detailed lot number omitted) as owned by the non-indicted 2, are adjacent to the Dong-dong-gu, and the land was created in order for the non-indicted 1 to build a house on the land, and installed a stone fence at a height of about 70 percent on the boundary of the building site, and sticked to the south part of the Dong-gu and the north part of the building site with a huge amount of money set at the above 10 square meters inside the above building site, the defendant was aware of the fact that the non-indicted 2 entered the above 10 square meters of the land in the above building site, and it was legitimate to set up the boundary of the land at approximately 1.5 meters from the Dong-gu, which he he he he he stockpiled up the above the boundary of the land.

Justices B-Bhan (Presiding Judge) and B-B-B-B-B-B-B-B-B-B-B-Jed