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(영문) 대전지방법원 논산지원 2017.03.31 2016고정100

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 one shall illegally occupy or use agricultural production 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 occupied and used land in a manner of living in the building constructed at the light-scale steel-frame restaurant around May 1993, from August 4, 2008 to July 20, 2016, which is an agricultural production infrastructure managed by the company located in the mountainous district located in the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness D, E, and F;

1. Official doors, etc. requested to remove a building;

1. Application of statutes on site photographs;

1. Relevant legal provisions and Articles 130 (3) and 18 (3) 3 of the Special Act on the Expenses of Agriculture and Fishing Villages for the Selection of Punishment for the Crime (Selection of Punishment)

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;