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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. No person who violates the Act on Property of the State shall use or benefit from State property unless he/she complies with the procedures and methods prescribed by the Act on Property of the State;
Nevertheless, the Defendant did not follow the procedures and methods prescribed by the law, but installed and operated a breeding house in the area of 328m2 from around 2010 to June 9, 2015, which is located within the area of 328m2 of the Masan-si, the Changwon-si, the management of the state-owned and construction transportation department, and used and profit from the state-owned property.
2. Any person who violates the Road Act shall be prohibited from piling up on roads soil and stones, bamboos and trees, or other obstacles, or doing any other act impeding the structure of roads or the traffic;
Nevertheless, the Defendant installed a breeding house in the above D being used as a road from around 2010 to June 9, 2015, and he stockpiled the solid goods, etc.
Summary of Evidence
1. Entry of the defendant in part in the protocol of public trial on the first and second occasions;
1. On-site inspection records of this court;
1. A protocol concerning the interrogation of each police suspect against the accused;
1. A written accusation;
1. Voluntary removal of illegal facilities within a road site;
1. Inquiries into facts to Korea Road Corporation by this Court;
1. Map on lower land;
1. Application of each statute on photographs;
1. Relevant Article of the Act concerning facts constituting an offense, Articles 82, 7(1) (a) of the Act on the State-Owned Property for the Selection of Punishment, Articles 114 subparagraph 7, 75 (a) of the Road Act, and the selection of fines;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The instant land is not a road, not an administrative property under the State Property Act, but a general property, not an administrative property under the State Property Act. Thus, the instant land was used as it is not an administrative property under the State Property Act.
Even if there is a violation of the State Property Act, it is established.