The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant shall transfer or transfer the land or goods to a project executor by the commencement date of expropriation or use, who is operated in D, and is not a landowner or person concerned, or a person who has no right to the land to be expropriated or used or a goods on such land, from the owner of the land or person concerned.

Nevertheless, from November 23, 2015 to February 15, 2016, the Defendant: (a) was assigned to a public-private partnership project on the F Highway and did not comply with the request for business compensation, living measures, etc. even after receiving a request for the transfer of water as an obstacle to his/her own possession; and (b) the Defendant did not comply with the request.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Each Official Gazette, the original written adjudication of confinement, and written adjudication (the defendant and his defense counsel, the defendant and his defense counsel rejected the transfer of obstacles temporarily for the purpose of preserving the site before the appraisal procedure has been completed in the administrative litigation related to land compensation, and the defendant's act is justified as it constitutes a legitimate defense or legitimate act.

However, in full view of the contents and purport of the relevant provisions of the law and the circumstances where it was possible for the defendant to obtain evidence by lawful means such as the preservation of evidence, the defendant's act meets the requirements for legitimate defense.

However, it cannot be viewed as a justifiable act that does not violate social norms.

Therefore, we cannot accept the above argument.

Application of Statutes

1. Article 95-2 and Article 43 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for the Preparation of Relevant Acts concerning facts constituting an offense and Articles 95-2 and 95-2;

1. Penalty fine of KRW 1,500,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act attracting a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (which is a circumstance that may be considered in light of the background leading to the crime and the crime), and the state of illegality by voluntarily removing the obstacles.