2020 Violation of the Road Act, and State Property Act

E.A., 1955 N.F. Agriculture

Residence

Reference domicile

The two Hun-Gao (Lawsuits) and the Dog-Jon (Public trial)

March 12, 2021

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

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

1. Violation of the Road Act;

No person shall destroy any road without justifiable grounds.

Nevertheless, on April 2020, the Defendant destroyed the road by installing a retaining wall to prevent the falling of the motorway C (D Expressway) at the national expressway C (D Expressway) located in Yangsan-si, Yangsan-si.

2. Violation of the State Property Act;

No person shall use or benefit from any State property without following the procedures and methods prescribed by the State Property Act.

Nevertheless, the Defendant, without permission, used the road, which is a state-owned land and an administrative property, as an access road leading to his/her farmland, by building a retaining wall on an expressway and installing a concrete structure, at the time, place, and place mentioned in the above Paragraph (1).

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Subparagraph 7 of Article 114 and Article 75 subparagraph 1 of the Road Act (a point of destruction to a road), Articles 82 and 7 (1) of the State Property Act (a point of unauthorized Use of State Property) and the choice of fines, respectively.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The defendant has long been punished by a fine only once, and the fact that part of the defendant has been recognized as a crime, and that part of the defendant has been restored to the original state is an unfavorable condition, such as the favorable condition, damage, and the scope of the road that has been used. Other circumstances, such as the motive and result of the crime, the circumstances after the crime, etc., and the conditions of sentencing specified in the records and arguments, shall be determined

The number of judges