Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

On July 2012, the Defendant got off the amount equivalent to 33 square meters of dry field owned by the victim D (around 10 square meters) owned by the victim D in Ansan-si, Anndong-si, Sindong-si, the Defendant had undermined the utility of dry field.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Application of the Acts and subordinate statutes governing the investigation report;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant and his defense counsel asserted that the Defendant’s act as stated in the judgment of the Defendant and his defense counsel regarding the assertion of provisional payment order constituted an act of emergency evacuation as a purpose to prevent landslides. However, according to the evidence duly admitted and investigated by the court, the Defendant can recognize the fact that the Defendant spawded the victim’s dry field and created a passage by cutting down soil. However, it is difficult to view that the Defendant’s act was a considerable act to avoid “current urgent danger” because it is difficult to deem that damage caused by concentrated rain is prevented through the establishment of the above passage.

Therefore, the above argument is not accepted.