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(영문) 의정부지방법원 2015.03.30 2014고단4699

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

The defendant is a person who operates a camping site in Gyeonggi-si B, C, and D, which is farmland outside an agricultural promotion area.

A person who intends to divert farmland shall obtain permission from the Minister of Agriculture, Food and Rural Affairs, as prescribed by Presidential Decree.

Nevertheless, around September 2013, the Defendant diverted waste materials, such as containers and sn beamline, in Gyeonggi-si B, C, and D, an agricultural promotion area outside the agricultural promotion area, without obtaining permission for farmland diversion from the competent authorities. Of the above farmland, the Defendant diverted waste materials to the open-air use without obtaining permission for farmland diversion from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A written accusation;

1. Land cadastre, a certified copy of cadastral map, a land use plan, and current survey result map;

1. Application of field photographs and aerial photography statutes;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant recognized the error and reflects the depth thereof, and the fact that the same kind of criminal record does not exist);