beta
(영문) 수원지방법원 2014.05.29 2014고정736

농어촌정비법위반등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 24, 2013, the Defendant was sentenced to imprisonment with prison labor for six months or one year of suspended execution for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Suwon District Court on October 24, 2013, and the judgment becomes final and conclusive on November 1, 2013.

1. No one who violates the Rearrangement of Agricultural and Fishing Villages shall illegally occupy or use agricultural infrastructure without any justifiable reason;

Nevertheless, from July 201 to October 17, 2013, the Defendant occupied part of the zone B, C, D, and E land (land category: maintenance) owned by the Korea Rural Community Corporation, which is an agricultural infrastructure, for the land cultivation site and fishing place.

2. A person who intends to run a fishing place business in inland waters in violation of the Fishing Management and Fishing Fosterage Act shall obtain permission from the competent authority;

Nevertheless, the Defendant, without obtaining permission for a fishing place business, operated a fishing place with the trade name “F” from around the summer of 2012 to October 17, 2013.

3. No building or alteration of use of a building, installation of a structure, alteration of form and quality of land, etc. shall be allowed in a development restriction zone violating the Act on Special Measures for Designation and Management

Nevertheless, on March 2013, the defendant operated a fishing place "F" on the E ground of Suwon-si, Suwon-si, the Korea Rural Community Corporation, which is a development restriction zone of the date, and installed a tent and changed the form and quality of land.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. On-site photographs;

1. A written accusation, a letter, a fraternity, land cadastre, a certified copy of the real estate register, a map, and data concerning perusal of a land use plan;

1. Each aerial photography and on-site photograph;

1. Records before judgment: Application of Acts and subordinate statutes to the defendant's legal statement, criminal history records, inquiry reports, previous dispositions, results of confirmation, and reporting;

1. Article 130(3) and Article 18(3)3 of the Rearrangement of Agricultural and Fishing Villages Act concerning criminal facts and the selection of punishment, and Article 53 of the Fishing Management and Promotion Act;