The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Legal principles 1) In Silung-si, the Defendant occupied the D Railroad site 292m2m2 (hereinafter “instant land”).

) The Korea Rail Network Authority (hereinafter referred to as the “instant Corporation”) is the empty land in the lower space of the railroad for any specific purpose.

(2) However, since the legal nature of the land use relationship is a lease, it is true that the obligation to remove and restore the land on the ground is stipulated in the permission for use and profit-making, the legal relationship between the Defendant and the Corporation to occupy and use the land of this case, and the land of this case is not an intentional breach of law, and it does not so, since the legal relationship between the Defendant and the Corporation has not yet become final and conclusive, it does not constitute an intentional breach of law as to the possession of the land of this case.

Even if the above possession is illegal as a justifiable act, it can be justified.

3) Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. In light of all the sentencing conditions of the instant case on unreasonable sentencing, the lower court’s punishment (three million won of fine) is too unreasonable.

2. Judgment on the misapprehension of legal principles

A. The lower court rejected the Defendant’s assertion of the same purport as that of the Defendant’s grounds for appeal as follows.

1. First, 1-2

A. As to the assertion in paragraph (1) of this Article, the following circumstances acknowledged by the evidence, i.e., the State property on the instant land (in the form of property in the land ledger, “administrative property for public use/railroads” are deemed to be the following circumstances.