The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The Defendant is a person who operates flowers in the name of “F” and owns obstacles (a vinyl, etc.) with the name of “F” in overcheon-si, Acheon-si, in which the Defendant is incorporated into the 2 Gyeongnam Highway Highway Private Partnership Project (2 construction sections) that is implemented by the Seoul Regional Land Management Office and is entrusted by the Korea Appraisal Board with compensation duties.

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.

Around October 22, 2015, the ruling of acceptance was made with respect to Overcheon-si E, and the compensation was deposited as of November 23, 2015. Thus, the Defendant should transfer the obstacles in the above land, as shown in the list of crimes attached hereto, to the goods subject to payment of relocation expenses, from among the obstacles in the above land until November 23, 2015, the date the expropriation was commenced.

Nevertheless, the defendant did not transfer the goods indicated in the list of offenses among the goods that hinder the commencement date of confinement due to business compensation, the establishment of living measures, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Official Gazette and a written ruling of the Central Land Expropriation Committee (the defendant and defense counsel refused the transfer of water temporarily obstructing the preservation of the site before the execution of appraisal procedures in the relevant administrative litigation, and the defendant's act does not constitute a crime because it is justified as a legitimate defense or legitimate act;

The argument is asserted.

However, in full view of the contents and purport of the relevant legal provisions, and the fact that the defendant could have secured evidence for compensation by lawful methods, such as preservation of evidence, even if the defendant transferred obstacles, such act cannot be deemed as a legitimate defense or legitimate act.

Therefore, the defendant and defense counsel's assertion is without merit.

The application of legislation;