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(영문) 울산지방법원 2014.12.11 2014고단3132

농지법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

Nevertheless, the Defendant, on March 2014, installed one swimming pool (45 square meters), one fountain (9 square meters), three tent (311 square meters) in Ulsan-gun, Ulsan-si, Ulsan-si, without obtaining a farmland diversion permit, and used farmland for purposes other than agricultural production or farmland improvement.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a charge, accusation, statement, illegal farmland restoration order, business trip name, and field photograph;

1. Relevant legal provisions concerning criminal facts, Articles 57 (2) and 34 (1) of the Farmland Act that choose a penalty, the choice of imprisonment;

1. There are many records of the reasons for sentencing in Article 62(1) of the Criminal Act, and the nature and circumstances of the crime are not good, such as the diversion of farmland illegally, and the continued use of farmland without restoring it to its original state for a long time without being restored to its original state.

However, it is against the fact that the mistake is recognized and reflected, and the present is deemed to have been restored to the original state, and the defendant's age, character and conduct, environment, circumstances leading to the crime, circumstances before and after the crime, etc. shall be determined by taking into account the circumstances shown in the records.