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(영문) 대전지방법원논산지원 2020.11.03 2020고단405

농지법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall divert the farmland in an agricultural promotion area without obtaining permission to divert farmland.

Nevertheless, around May 2017, the Defendant used the farmland in the field B, 2,261 square meters in Chungcheongnam-gun, Chungcheongnam-gun, an agriculture promotion area (hereinafter “instant farmland”), and used the truck, etc. without obtaining permission to divert farmland, and installed four containers structures on the gravel, and diverted the farmland by using the stone in the vicinity of the site.

As a result, the Defendant diverted farmland in an agricultural promotion area without obtaining permission to divert farmland.

Summary of Evidence

1. The criminal defendant's written accusation against C by the head of the Gun granting the defendant's statutory statement, the police statement, and accompanying materials;

1. Investigation report, telephone investigation of witnesses, and the application of Acts and subordinate statutes concerning accompanying materials;

1. Relevant legal provisions concerning criminal facts, Article 57 (1) of the Farmland Act that choose a sentence, the choice of imprisonment;

1. The sentencing of Article 62(1) of the Criminal Code Article 62(1) of the suspended sentence is reasonable, and the farmland area has not been restored to its original state.

However, in light of the fact that prior to the purchase of the farmland in this case, the above farmland was filled up by rice gas Corporation and was actually used as gyeast site, etc. other than farmland, and the defendant seems not to have originally operated the above farmland, it can be deemed that the defendant had no conclusive intention on the violation of the Farmland Act, and that there was no act such as breaking concrete in the farmland in the course of diversion of farmland.

In addition, the defendant has the intention to mislead himself and reflects his wrong, and he has no previous convictions other than once before the 32-year period.

This is the circumstances favorable to the defendant.

In addition, the defendant's age, health status, character and conduct, environment, details of crimes, and circumstances after crimes are revealed in the arguments of this case.