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(영문) 수원지방법원 안산지원 2016.11.29 2016고단304
공익사업을위한토지등의취득및보상에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is the owner of obstacles installed on the ground of overland C, D, and E (hereinafter referred to as “instant land”) to be incorporated into an expressway (hereinafter “instant project”) with the Seoul Regional Land Management Agency’s implementation of the project. The landowner and person concerned, and other persons who are not landowners or persons concerned, who have the right to the land to be expropriated or used, must deliver or transfer the land to the project operator by the commencement date of expropriation or use. As the land in this case was subject to the expropriation ruling by the Central Land Expropriation Committee of the Ministry of Land, Infrastructure and Transport (the commencement of expropriation as of October 23, 2015) as of October 22, 2015, the Defendant should transfer obstacles existing in the instant land. Nevertheless, the Defendant refused to relocate obstacles installed in the instant land without demanding compensation for business operation, such as plastic houses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Subparagraph 2 of Article 95-2 and Article 43 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor concerning facts constituting an offense;

1. Articles 70(1) and 69(2) (one day: 100,00 won) of the Criminal Act for the inducement of a workhouse;

1. Suspension of sentence: Article 59 (1) of the Criminal Act (limited to a fine not exceeding 300,000 won);

1. The grounds for sentencing are as follows: (a) the Defendant led to the instant crime; (b) the Defendant appears to have resolved the illegality by delivering the obstacles thereto after the instant indictment; and (c) the Defendant was the primary offender; and (d) the overall circumstances are considered.

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