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(영문) 대전지방법원 논산지원 2017.10.20 2017고정94

농어촌정비법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall illegally occupy or use agricultural production infrastructure without justifiable grounds.

Nevertheless, from around B, 2007 to March 14, 2017, the Defendant installed a container stuff and a vinyl facility in Seosan-si B and C (Gu) and used it as a rest place and a warehouse to illegally occupy the agricultural production infrastructure.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Submission of a complaint following the illegal occupation and use of agricultural production infrastructure;

1. On-site photographs;

1. The application of Acts and subordinate statutes to a report on investigation (report on attachment of a cyber map);

1. As to the facts constituting an offense, the pertinent Article of the Act and Articles 130(3) and 18(3)3 of the Act on Special Cases Concerning the Selection of Punishment of Agricultural and Fishing Villages, and the Selection of Fines (the Defendant is asserting that the Defendant, as to the installation of the instant temporary building and the vinyl houses on the farm waterways, does not constitute a crime because he/she had the permission to occupy and use the said temporary building and the vinyl houses implicitly and implicitly by the Corporation.

However, it is difficult to recognize the existence of the temporary building and the plastic house installed above the farm waterway by the defendant for a considerable period of time without any sanction, and there is no other evidence to recognize it, and the above assertion by the defendant is not accepted.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;