logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2018.06.08 2016고정523
공익사업을위한토지등의취득및보상에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

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.

The Defendant is a person who operates a flower in the name of “E” in the land of Overcheon-si.

Since the above land was incorporated into “F business” implemented by the Seoul Regional Land Management Agency of the National Land in the Ministry of Land, Infrastructure and Transport, which was approved and publicly announced by the Ministry of Land, Infrastructure and Transport around March 19, 2010, the Defendant failed to implement the said plan even though the vinyl, etc., which is a obstacle to the above land, should be transferred to the Seoul Regional Land Management Agency, which is the project executor, by November 23, 2015, from the date of commencement of expropriation according to the disposition of expropriation by

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A copy of the ruling of the Central Land Expropriation Committee (the defendant and his defense counsel) asserts that the defendant's act of refusing to temporarily remove obstacles for the purpose of preserving the site before the appraisal procedure has been conducted in the administrative litigation related to land compensation and that the defendant's act is justified as it constitutes a legitimate defense or legitimate act.

However, in full view of the contents and purport of the relevant provisions of the law and the circumstances where it was possible for the defendant to obtain evidence by lawful means such as the preservation of evidence, the defendant's act meets the requirements for 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. Article 95-2 and Article 43 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for the Preparation of Relevant Acts concerning facts constituting an offense and Articles 95-2 and 95-2;

1. Penalty fine of KRW 1,500,000 to be suspended;

1. Article 70(1) and Article 69(2)(i) of the Criminal Act (100,000 won per day) of the Criminal Act attracting a workhouse.

arrow