국유재산법위반
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The judgment of the court below which found the defendant guilty is erroneous in the misapprehension of legal principles, since the defendant did not establish a vinyl house, and since the vinyl house was used as the office of the Efederation.
B. The punishment of a fine of KRW 3.5 million imposed by the court below is too heavy.
2. The judgment of this Court
A. As to the assertion of mistake of facts or misapprehension of legal principles, Article 7(1) of the State Property Act provides that “No person shall use or benefit from State property unless he/she complies with the procedures and methods prescribed by this Act or other Acts.” The summary of the facts charged in the instant case is that the Defendant used the instant land, which is administrative property owned by the State, from January 2, 201 to December 24, 2013 in violation of the aforementioned provision. (2) The Defendant and the Defendant’s defense counsel installed the plastic houses installed on the instant land at an organization opposing the construction of crematorium. The Defendant, as the president of the E Federation, was the head of the E Federation, who claimed to be the owner of the vinyl houses, “If the E organization is more likely to stay in the vinyl house, he/she shall be entitled to receive compensation from the owner of the vinyl house, and if compensation has been paid, he/she shall be divided into a fixed rate.” The Defendant himself/herself made the Defendant’s statement to the effect that he/she would have removed the said plastic houses from around 1616, namely, 214.
Even based on the aforementioned statements or arguments, it is recognized that the Defendant used the instant land from January 201 to December 24, 2013, the date and time indicated in the facts charged, from January 201, the date and time indicated in the facts charged.
In addition, the court below duly adopted and examined the case.