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(영문) 대전지방법원 홍성지원 2018.02.01 2017고정297

농어촌정비법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 production 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, from December 20, 2016 to December 23, 2016, the Defendant illegally used agricultural production infrastructure, such as raising 2.0 meters exceeding 1.5 meters, which is a condition of approval for a farming use lease agreement, in Boan-si, Boan-si.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Complaint;

1. Current status photographs;

1. A contract for the lease of farming, application for use, and business plan;

1. The Defendant and the defense counsel asserted that the Defendant and the defense counsel only own land and do not constitute agricultural production infrastructure when the Defendant leased the land (hereinafter “instant land”).

"Agricultural infrastructure" in subparagraph 6 of Article 2 of the Agricultural and Fishing Villages Development Expenses Act shall include farm roads, such as reservoirs, pumping stations, wells, and other facilities for the use of groundwater, such as drainage stations, irrigation channels, irrigation channels, drainage channels, ditches, roads (concentration) under Article 4 of the Agricultural and Fishing Villages Development Expenses Act, which are installed as a result of an agricultural production-based improvement project or used for the preservation of farmland or for agricultural production.

Agricultural facilities, such as embankments, tide embankments and embankments, incidental facilities thereof, and agricultural facilities, such as production, processing, storage, and distribution facilities of agricultural and fishery products.

According to the evidence adopted and examined by the court, it is reasonable to view the instant land as an “agricultural production infrastructure” under the Non-Act on the Adjustment of Agricultural and Fishing Villages because it falls under a reservoir attached facilities (land) as a site for the E reservoir.

Defendant also knew that this case’s land is an agricultural production infrastructure (land) through AF and approved the use for other purposes.