beta
(영문) 광주지방법원 목포지원 2014.04.04 2013고정517

농어촌정비법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No one shall illegally occupy or use agricultural infrastructure without any justifiable ground prescribed by Presidential Decree, such as cases where an emergency measure is required for the prevention of damage caused by a natural disaster or for lifesaving, etc.

Nevertheless, without justifiable grounds, the Defendant illegally occupied and used agricultural infrastructure by installing a vinyl house without permission on the land on the entire three lots of land, such as the former Hamp-gun C, D, E, etc., which is the site for the ditch, which is an agricultural infrastructure maintained and managed by the Hamp branch of the Korea Rural Community Corporation from September 27, 2010 to August 27, 2013.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The police statement concerning F;

1. Complaints filed by G of the President of the Hamp District of the Korea Rural Community Corporation;

1. Investigation reports (Attachment of Certificate of Registration of Agricultural Infrastructure), investigation reports (field investigation);

1. Full certificate of the registered matters;

1. The application of the current status photographs of household buildings, salt fire fighting photographs, poppy photographs, poppy photographs, and Acts and subordinate statutes on tree planting photographs;

1. Reduction of part of the amount of fine in consideration of the relevant legal provisions on facts constituting an offense and Articles 130 (3) and 18 (3) 3 of the Rearrangement of Agricultural and Fishing Villages Act (the amount of fine shall be reduced, considering the fact that a vinyl and fence, which currently occupied and used a ditch site, have been removed, and salt has been moved to another place; the amount of fine shall be reduced in part, after completion of harvest on June 2014 and is scheduled to suspend the use of the cultivated land);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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