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(영문) 창원지방법원 2016.06.02 2015노2473
공익사업을위한토지등의취득및보상에관한법률위반
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The gist of the grounds for appeal is that the defendant is not obliged to transfer the obstacles of this case.

Even if there are obligations to transfer,

In light of the circumstances that could not transfer the obstacles of this case due to the procedures for the re-assessment of relevant administrative cases, there was no intention or illegality awareness, and there was no intention or no arbitrary obstacle, so it is not likely that such act constitutes an error of prohibition (Article 16 of the Criminal Act) or there is no possibility of expectation, and thus, the responsibility is dismissed.

Nevertheless, the lower court found the Defendant guilty of charges and erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination:

A. The summary of the facts charged in this case is the person operating "F" by leasing the land of Jinju-si D (including Jinju-si E) and the owner of the land or any other person who does not include the owner of the land or the person concerned, who has the right to the land to be expropriated or used or the goods on such land, shall deliver or transfer the land or goods to the project executor by the commencement date of expropriation or use, but the defendant acquired the ownership of the said land from "F" located in Jinju-si D on November 3, 2009, and the Busan Regional Land Management Office, the project executor, the Busan Regional Land Management Office, the Busan National Land Management Office of which acquired the said land on November 3, 2009, but did not interfere with the relocation of the land from the Busan Regional Land Management Office as to the land of Jinju-si-si-si, the land of small trees (including re-divided land) located in the construction section of the G National Road (904 square meters) and 754 kinds, pum trees, 48 kind, 2dong facilities, and other trees.

B. The lower court found the Defendant guilty on the grounds of the evidence indicated in its reasoning.

(c)

1) Examining the evidence duly adopted and examined by the lower court in light of the records, the following facts can be recognized.

(a).

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