The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a staff member of the defendant in Gangnam-gu Seoul Metropolitan Government who is a manager at the construction site of a 'D' company' new building site, and the victim E is a person residing in Gangnam-gu Seoul Metropolitan Government F.

On November 22, 2016, at around 13:00, the Defendant: (a) laid down a fluent rice hushe, which had been installed more than 10 years ago, due to the boundary between the victim’s buildings adjacent to the construction site; and (b) laid down a new fluent rice hushe by conducting a new survey; and (c) invaded the boundary of the victim of a 10cm volume.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. On-site photographs and investigation reports [The defendant, as he gets unhulled rice in a legally legitimate boundary through surveys, does not constitute a crime infringing on a boundary or obtained the victim's consent thereto.

However, the crime of violation of boundary under Article 370 of the Criminal Act is the purpose of ensuring the stability of legal relationship as to the boundary of land and maintaining social order. The boundary here refers to the de facto boundary that has been used to a certain extent objectively, such as whether it is a legitimate boundary under the law or whether it is a legitimate boundary under the law. As such, inasmuch as the Defendant’s act constitutes a crime of violation of boundary, as long as the Defendant’s act constitutes a crime of violation of boundary, and there was the consent of the victim regarding the movement of boundary, inasmuch as it was impossible to recognize the de facto boundary of land as to the de facto boundary of land as it was used as a boundary for a ten-year period of time in the course of performing his/her duties.

Since there is no evidence to determine the seal, the above argument cannot be accepted in entirety.

Application of Statutes

1. Relevant Article 370 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. A fine not exceeding one million won to be imposed and suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The Criminal Act of suspended sentence;