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(영문) 수원지방법원 성남지원 2015.12.16 2015고단2161

농지법위반등

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 2013, the Defendant is a person operating a mutual general restaurant of “C” in Gwangju City B.

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

Nevertheless, on April 2013, the Defendant, without obtaining permission from the competent authorities, set up a landscaped trees on the area of 794 square meters in Gwangju-si, Gwangju-si (former), farmland, and created a garden and used it as a parking lot.

2. Any person who violates the River Act shall obtain permission from the competent authority from a person who intends to occupy and use flowing water, occupy and use land, occupy, construct, rebuild, alter, or remove river appurtenances in a small river area, construct, alter or alter other artificial structures, excavate, fill land or alter the shape of land, excavate or cut land, collect soil and rocks, sand, gravel, bamboo, or other objects produced by a small river in a small river area;

Nevertheless, from April 2013 to August 10, 2015, the Defendant occupied and used land without permission, such as using it as a parking lot, after performing the work of horizontalizing the floor on the 846 square meters of Gwangju-si, a river area.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each investigation report (attached report, such as a report on the current status of environmental infringement around the South and North Korean acid, a report on the restoration to the original state, a report on control, a notification of the restoration to the original state to the discovered restaurant, a

1. Relevant Articles 57 (2), 34 (1) of the Farmland Act (the occupation of farmland for exclusive use without permission), subparagraph 5 of Article 95 and Article 33 (1) of the River Act (the occupation of a river without permission) concerning criminal facts;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s mistake is divided and restored to its original state; and (b) there is no previous conviction exceeding the fine; and (c) the sentence as ordered shall be determined by considering all the sentencing conditions