The defendant is innocent. The summary of this judgment shall be notified publicly.

The Defendant, on February 2, 2011, in the land owned by FF Co., Ltd. located adjacent to the land owned by D located in Gangnam-si, Chungcheongnam-si, the Defendant: (a) performed the construction of sewage pipes for the construction of warehouses; (b) extracted a cover of boundary signs installed to indicate the boundary of the said land around 2010; and (c) cut off the land of approximately seven meters in length, approximately three meters in depth, and approximately two meters in width using sckes.

As a result, the defendant, in order to determine the boundary of the land, made the boundary of the land impossible to recognize the boundary by removing the boundary table made on that land.

On February 2011, as stated in the facts charged, the Defendant: (a) performed the reclamation work of sewage pipes “ around February 201”; and (b) as to whether D extracted a boundary marker installed around 2010; and (c) as to D’s statutory statement, D’s police statement was removed around November 201 when the boundary marker installed before 10 years elapsed; (d) there was no part of the boundary marker; and (e) around February 201, the Defendant again conducted a boundary marker around March 201, 201, as indicated in the facts charged, and the Defendant removed the boundary marker installed at that time.

In light of the foregoing, it is difficult to believe, and there is no other evidence to acknowledge it.

Meanwhile, Article 370 of the Criminal Act’s purpose is to protect private rights and maintain social order by ensuring the stability of legal relations as to the boundary of land, and it is not sufficient to simply destroy, move or remove a boundary mark and make it impossible to recognize the boundary of land by such act or method.

(see, e.g., Supreme Court Decision 2008Do8973, Sept. 9, 2010). According to the evidence duly adopted and examined by this court, according to the evidence duly adopted and examined by this court, the Defendant was using sckes to perform sewage reclamation works on the land of Gangseo-si, Gangnam-si, D around February 201, about seven meters in length, three meters in depth, and width.