beta
(영문) 의정부지방법원 고양지원 2017.06.15 2017고단1093

농지법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the owner of the Seoyang-gu, Seoyang-gu, Seoyang-gu, the agricultural promotion area for agriculture, which is the 1,550 square meters.

Any person who intends to divert farmland shall obtain permission from the competent authorities.

Nevertheless, without permission from the competent authority, the Defendant used earth and sand mixed with gravels, etc. on April 2016, to illegally fill up approximately two meters higher than neighboring farmland, and constructed two residential buildings on a size of 161 square meters and diverted the farmland.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. An order for restitution;

1. Application of statutes on site photographs;

1. Relevant Article 57 (1) and Article 34 (1) of the Act, the selection of punishment for a crime, and the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the Defendant illegally embling an agriculture promotion area and newly constructed a building above it, and the current situation is not good that the Defendant refuses an order to reinstate while living in the building as it is.

However, considering that there is no record of punishment in excess of fines in the past, the punishment is determined as ordered.