Text
The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The Defendant is the owner of water (a vinyl, etc.) that is an obstacle (a vinyl, etc.) to be incorporated into the “Sayang-Sayang Connection (Sayang-Sanam)”, which is implemented by the Seoul Regional Land Management Agency and is entrusted with compensation duties by the Korea Appraisal Board.
Any landowner, person concerned, or other person who is not included in the landowner or person concerned, but has the right 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 October 22, 2015, G was subject to a ruling and disposition on expropriation with respect to Overcheon-si, and on November 23, 2015, the compensation was deposited as of November 23, 2015. Therefore, the Defendant should transfer the goods, among the obstacles in the above land by November 23, 2015, the date of commencement of expropriation, subject to the payment of relocation expenses, as shown in the list of crimes in the attached Table.
Nevertheless, the defendant did not transfer the goods that were subject to the payment of the transfer cost on the list of annexed crimes among the goods that hinder the commencement date of confinement due to business compensation, the establishment of living measures, etc.
Summary of Evidence
1. Entry of the defendant in part in the first trial record;
1. A written accusation;
1. Sending the original copy of the Official Gazette, written adjudication on expropriation and written adjudication on expropriation;
1. A written request for cooperation in the transfer of obstacles, etc., a deposit, and a written entrustment agreement for compensation affairs;
1. The defendant and his defense counsel asserted that the act of preserving the site and refusing to relocate the obstacles for a limited period of time constitutes a legitimate defense or legitimate act because the administrative litigation was under way with respect to the above obstacles.
The legislative purpose of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor is to promote the promotion of public welfare and the appropriate protection of property rights through the efficient implementation of public works (Article 1).