beta
(영문) 수원지방법원 2017.11.16 2017노3113

국유재산법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) did not cut trees of 484 square meters or cut off from the F of Gyeonggi-gu, Gyeonggi-do; (b) used N, the neighboring land with the permission of M, the owner; and (c) even if the F land was used, the HC head, who is a public official at the time, used the containers installed on the said land on the ground that the HC head, who is a public official at the time, used the containers after cutting the containers.

In addition, the 1,805 square meters of E is also the H deputy head to use the entire land, and only the crops have been planted.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. 1) A summary of the facts charged in this case is prohibited from using or taking profits from State property unless it complies with the procedures and methods prescribed by the State Property Act or other Acts.

The lower court, on April 8, 2014, obtained permission for use from C only 200 square meters and 330 square meters among the above E, which are State property managed by C, on the following grounds: (a) from around May 8, 2014, the Defendant cut the above F, which is State property managed by C from around May 8, 2014, and damaged trees without permission; (b) occupied and used them for the purpose of putting agricultural crops, such as shouldering, by occupying approximately 1,805 square meters in excess of the permitted area of the above E, and occupying and using approximately 330 square meters in excess of 484 square meters and E without permission (hereinafter referred to as “each land of this case”; and (c) the lower court did not have any evidence to acknowledge the change of the Defendant, namely, the Defendant, without having obtained permission for use and benefit from State property under the relevant Act and subordinate statutes.