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(영문) 전주지방법원 정읍지원 2020.02.13 2020고정9

농어촌정비법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 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, around April 18, 201, the Defendant: (a) buried 1,091 square meters, C344 square meters, D 145 square meters, E 1,440 square meters, and approximately KRW 1,000 square meters, which are agricultural production infrastructure, without the authority; (b) promised transplant until November 30, 2015; and (c) failed to comply with the agreement to transplant until December 10, 2018; and (d) illegally occupied agricultural infrastructure without justifiable grounds during the period from December 11, 2018 to July 15, 2019.

From December 11, 2018 to July 15, 2019, the charge against the Defendant is that “The Defendant illegally occupied the agricultural infrastructure without any authority,” which is approximately KRW 1,000 square meters of 21,091 square meters, C344 square meters, D 145 square meters, E 1,440 square meters, and 1,000 square meters of 1,000 square meters of fop-up tree, fluoral tree, and fluoral tree. Accordingly, the Defendant illegally occupied the agricultural infrastructure without good cause.”

It is deemed that there is no concern that the defendant's exercise of his/her right to defense may not be seriously disadvantaged, and the facts constituting a crime different from the facts charged are recognized ex officio without changing indictment.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. A written accusation and an explanatory note;

1. Full certificate, statement of performance, and certificate (No. 460 of 2017);

1. Announcement of the performance of the restoration of each site for agricultural infrastructure;

1. Photographs of the status of unauthorized occupancy;

1. A contract on a farming use lease contract for agricultural infrastructure, farmland lease contract, agricultural use lease contract for agricultural infrastructure, and use for other than agricultural infrastructure;

1. Anthrax, a letter of application;

1. Period for the use of agricultural infrastructure;