A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Any person who intends to change the form and quality of land for the convenience of residents in development-restricted zones or living, etc. shall obtain permission therefor.

Nevertheless, on July 2016, the Defendant cut the right side part of the access road B in Seongbuk-gu, Sungnam-gu without obtaining permission from the competent administrative authority, and he stored a stone shed in accordance with the above side, and cut the ground and changed the form and quality of land without permission by installing a drainage channel on the left side of the access road.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Surveying the current status;

1. Application of Acts and subordinate statutes to accusation, or sites and photographs of which each form or quality has been altered;

1. Selection of a fine or fine under Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development of Relevant Article 32 and the proviso to Article 12 (1) concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The main point of the assertion is that access roads among the land B located in Seongbuk-gu, Seongbuk-gu, Sungnam-si were used as a passage through neighboring D houses since about 47 years, and as a result, a civil petition was filed due to earth and sand leaked, the nature stone, etc. was stored to prevent the outflow of earth and sand, and the form and quality of the land was altered.

shall not be deemed to exist.

In addition, the defendant's act is to prevent damage to surrounding residents due to earth and sand outflow for the benefit of the public interest, so it is a legitimate act that does not go against social norms and illegal is excluded.

B. 1) According to the evidence duly admitted and examined by this court, the following facts can be acknowledged.

㈎ 성남 시 중원구 D 지상에 위치한 원고의 주택으로 진입하기 위한 통행로로 B 토지 중 일부가 사용되어 왔는데, 위 통행로는 임야에 위치하여 흙 길로 되어 있었다.

㈏ 원고는 2011년 경 위 통행로에 시멘트...