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(영문) 대구지방법원 포항지원 2017.09.13 2017고정310

농어촌정비법위반등

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 who engages in agriculture while residing in North Korea-gu C at port.

1. No person who violates the State Property Act shall use or benefit from State property unless he/she complies with the procedures and methods prescribed by Acts;

Nevertheless, from around 2010 to May 29, 2017, the Defendant occupied the area of 96 square meters of the State property in the Agricultural and Food Department of Agriculture and Food, Agriculture and Food, and used the area for the purpose of installing a stormproof facility.

2. No one shall illegally occupy or use agricultural production infrastructure without justifiable grounds, such as cases where an emergency measure is required for the prevention of damage caused by a natural disaster or for human life rescue;

Nevertheless, from around 2010 to May 29, 2017, the Defendant occupied and used an agricultural production infrastructure of 96 square meters in North-gu, Northern-si without justifiable grounds during the port from around 2010 to May 29, 2017.

1. Statement by the defendant in court;

1. E statements;

1. A written accusation;

1. The application of statutes to the degree of achievements of surveying cadastral status, and current status of measuring points;

1. Article 130 (3), Article 18 (3) 3 (illegal Occupancy and Use of Agricultural Production Infrastructure), Article 82, and Article 7 (1) (Unauthorized Use of National Property) of the State Property Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine (the first offender, and considering the age, environment, area of illegal possession, etc. of the accused);

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;