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(영문) 광주지방법원 목포지원 2017.09.15 2017고정33

국유재산법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

(2017 fixed time 33) No person shall use or benefit from State property without good cause.

Nevertheless, according to the evidence adopted and examined by this court, the date and time of the crime appear around September 2015. The date and time of the crime are generally different from the date and time of the crime, and it does not require the procedures for the modification of a bill of indictment because the date and time of the crime are not the basic elements of the crime. However, if the date and time of the crime are long at intervals and there is a serious relation to the sex of the crime, it would be likely to put the defendant at substantial disadvantage to his defense (see, e.g., Supreme Court Decision 2008Do1071, May 14, 2009). In this case, the defendant only dispute the existence of the act of crime and does not dispute the date and time of the crime, and the date and time of the crime does not change if it is compatible with the basic elements of the crime, and there is a concern that the defendant's exercise of his/her right to defense in light of the trial progress, etc.

As such, the date and time of crime should be changed and recognized.

The State-owned land owned by the Ministry of Land, Transport and Maritime Affairs in front of the relevant business establishment for the purpose of raising sea water to be used for the business of "E" in Ypo-si, and the State-owned land owned by the Ministry of Land, Transport and Maritime Affairs was installed on the Franpo-si Road, Franpo-si Road, and the State-owned land was used and profited without permission, such as excavating the State-owned land around 18:00 on May 13, 2016.

Summary of Evidence

1. Legal statement of witness G, and part of witness C’s legal statement;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes, such as evidence photographs1 to 6, full certificate of registered matters, field photographs, etc., business registration certificate (E, gym) and 11 copies of field photographs;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;