Any person who intends to build, rebuild, alter or remove structures, articles or other facilities, or occupy and use roads for other purposes in a road zone shall obtain permission from a road management agency.

Nevertheless, the Defendant, in collusion with C, who is his spouse, did not obtain permission from the road management agency from October 14, 2013 to February 11, 2014, occupied and used the said road by installing a tent (4m x 2m) on the road in Gwangju-si D from around October 14, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning suspect interrogation of C;

1. A written accusation and a written statement;

1. Voluntary restoration orders for illegal facilities;

1. On-site location and photographs (the long-term period of occupation and use of the road of this case is up to four months, and the head of the competent authority issued four times or four orders to restore the road to its original state, etc., the defendant's act cannot be deemed as a justifiable act. Thus, the defendant's legitimate act assertion is not accepted)

1. Subparagraph 3 of Article 97 and Article 38(1) of the former Road Act (wholly amended on January 14, 2014 and enforced on July 15, 2014), Article 30 of the Criminal Act concerning criminal facts;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act of the Suspension of Sentence (see, e.g., circumstances leading to the instant crime, the same type of punishment);