The Defendant is a person who owns obstacles, such as plastic houses, while operating the “F Fireman” in the land of Overcheon-si.

The owners of land, persons concerned, and other persons who do not include landowners or persons concerned, but hold rights to the land to be expropriated or used or goods thereon shall deliver or transfer such land or goods to the project executor by no later than the commencement date of expropriation or use.

On March 19, 2010, the above land was incorporated into the 2nd border connection (Yyang-Seyang) Highway Private Road Project (Enforcement of the Seoul Regional Land Management Office) approved and publicly notified by the Ministry of Land, Infrastructure and Transport on March 19, 2010, and the starting date of expropriation was set on October 22, 2015 in the adjudication of expropriation by the Central Land Expropriation Committee on October 23, 2015, but the Defendant did not move the vinyl, etc., which is the obstacles until the starting date of expropriation.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant and his defense counsel did not constitute a crime because the crime of this case is dismissed as a legitimate defense or a legitimate act.

The argument is asserted.

However, even if the Defendant transferred a plastic house, it is possible to obtain evidence for the purpose of compensation by lawful methods, such as preservation of evidence, so such act cannot be deemed as a legitimate defense or legitimate act.

The defendant and defense counsel are without merit.

Application of Statutes

1. Article 95-2 and Article 43 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for the Preparation of Relevant Acts concerning facts constituting an offense and Articles 95-2 and 95-2;

1. Penalty fine of KRW 1,000,000 to be suspended;

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

1. Article 59 (1) of the Criminal Act (including the fact that the accusers desire to voluntarily remove the plastic houses, etc., and the sentencing of related cases, etc.);