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(영문) 창원지방법원 밀양지원 2017.05.25 2016고정261

농어촌정비법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in agriculture.

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

Nevertheless, around March 2013, the ditches located in Seoyang City, which is an agricultural production infrastructure managed by the smuggling branch of the Korea Rural Corporation, was occupied and used illegally by planting approximately 40 glus in approximately 14,236 square meters of the total size of the ditches, on the ground that the ditches located in Seoyang City, which is an agricultural production infrastructure, are adjacent to their answer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written accusation;

1. Site showing the status of occupation without permission;

1. Application of subordinate statutes as a result of cadastral surveys;

1. Relevant Article 130 (3) and Article 18 (3) 3 of the Non-Performing Agricultural and Fishing Villages Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The sentencing conditions indicated in the record, such as the Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as ordered by taking into account the following: (a) the completion of the restoration of the reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the fact that there was no past record of punishment; and (c) the sentencing conditions indicated in the record