Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On March 2015, the Defendant made changes in the form and quality of land by raising the area of 134 square meters in the land located in Busan Northern-gu, Busan, at a height of 0.5 to 4.5 meters without obtaining permission from the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. The Defendant and the defense counsel’s defense as to the assertion of the Defendant and the defense counsel, such as the charge book, the statement of public official in charge, the field photograph, etc., the request for administrative inquiry, the investigation report (on-site confirmation and the result of interview with the suspect), and the statement that the illegality is excluded.

Criminal Code 'self-help'

The term "if it is impossible to preserve a claim by legal procedure, it refers to an act that is reasonable to avoid the impossibility or significant difficulty of the exercise of the claim (see Supreme Court Decision 2005Do8081, Mar. 24, 2006, etc.). Whether a certain act is justified as an act that does not violate social norms, and thus, the illegality is excluded, should be determined individually by considering the specific circumstances. To recognize such legitimate act, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method; (iii) balance between the benefits of protection and infringement; (iv) balance between the benefits of infringement; and (v) supplementary nature that there is no other means or method than the act (see, e.g., Supreme Court Decision 2005Do8074, Apr. 27, 2006).

(1) A defendant embankings to prevent flood damage.

On the other hand, when the request for administrative inquiry comes to a cross-section between the land of the defendant and the road of the road, it becomes difficult to access the land owned by the defendant.