1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

Punishment of the crime

The defendant is the owner of the building in Busan Jin-gu C, Busan, and the victim D is the owner of the building E and there was a vision as a problem of land boundary.

On November 22, 2014, the Defendant: (a) around 17:00, at the site of the victim’s structure reinforcement works between the above C building and E building; (b) the victim removed the existing block structure and installed a new steel mosium, thereby damaging the block fence with a height of 2 meters from which the market price of the victim’s ownership cannot be ascertained; and (c) the width of 70cm.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the examination of the accused by the prosecution (including the cross-examination part);

1. Statement made by the police against D;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to field photographs, logbooks, etc. (record 7 pages), field photographs, and site photographs of suspect's obstruction of duties (record 55 pages);

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

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

3. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion that the defendant damaged the block fence such as the statement of facts constituting a crime is limited to a political party defense or a legitimate act in order to confirm the existing boundaries necessary for restoring the defendant's property to the original state so that the above fence is installed by breaking a legitimate boundary claimed by the defendant.

2. Determination

A. In order to establish a political party’s defense, the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type, degree, and method of infringement of the legal interest infringed by the act of infringement, and the type, degree, etc. of the legal interest to be infringed by the act of defense, and must also meet such requirements as legitimacy of the motive or purpose, reasonableness of the means or method, balance between the protected interest and the infringed interest, urgency, and supplement that there is no other means or method than the said act

(b) the fence installed by the victim.