If the defendant does not pay the above fine, 50,000 won shall be paid.

From February 4, 2012 to October 31, 2012, the Defendant occupied and used a road by means of installing stone embankments (m: approximately 52m in length, and about 1 to 2.4m in height) on the surface of the road without obtaining permission from the competent authorities for occupation and use of the road in C and D.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 97 subparagraph 3 of the Road Act and Articles 97 and 38 (1) of the same Act concerning criminal facts, the selection of fines, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserts that the defendant's act does not constitute a violation of the Road Act since it is difficult to recover the instant stone construction work to the original state for the public interest as well as for securing the view of the road, removing the risk factors hindering the passage, and preventing the flood of the road and the soil erosion.

On the other hand, the above argument can be seen as harming the defendant's act by asserting that it constitutes a legitimate act under the Criminal Act.

"Acts which do not violate social rules" under Article 20 of the Criminal Code refers to acts which can be accepted in light of the overall spirit of legal order, or the social ethics or social norms, as well as the legitimate acts that do not violate social norms. Whether certain acts are justified as acts that are not contrary to social norms, should be determined individually by considering the purpose and rational nature under specific circumstances. Thus, in order to recognize such legitimate acts, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the third protected interests and the infringed interests, the fourth urgency, and the fifth means other than the act.