The sentence of punishment against the Defendants shall be suspended separately.

Punishment of the crime

Defendant A is a person who owns obstacles to the above land while operating “G” and Defendant B is a person who owns water in operation of “H” in the F land of Overcheon-si.

The owners of land, persons concerned, and other persons who do not include landowners or persons concerned, but hold rights to the land to be expropriated or used or goods thereon shall deliver or transfer such land or goods to the project executor by no later than the commencement date of expropriation or use.

Since the above F land is incorporated into “I project” implemented by the Seoul Metropolitan Land Management Agency of the National Land Ministry of Transport and Maritime Affairs, which was approved and announced by the Ministry of Land, Infrastructure and Transport on March 19, 2010, according to the adjudication on expropriation by the Central Land Expropriation Committee, until November 23, 2015, the date of commencement of expropriation by November 23, 2015, the Defendants should transfer the greenhouse houses, etc., which are obstacles to the above land to the Seoul Local Land Management Agency, the project implementer, but the Defendants did not move

Summary of Evidence

1. The Defendants’ respective legal statements

1. A written accusation;

1. The Government of the Republic of Korea's Official Gazette, the original written adjudication of acceptance, and written adjudication [the Defendants and defense counsel, as they refused to move water temporarily to preserve the site before the execution of appraisal procedures in the administrative litigation related to land compensation, and the Defendants' acts are justified as they constitute legitimate defense or legitimate acts.

However, in full view of the contents and purport of the relevant legal provisions and the circumstances in which the defendants were able to obtain evidence by lawful means such as the preservation of evidence, each act committed by the defendants must meet the requirement of 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. Defendants: Article 95-2 subparag. 2 and Article 43 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (the penalty shall be imposed).