beta
(영문) 대전지방법원 천안지원 2020.05.27 2020고단894

농지법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, 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

Anyone who intends to divert farmland in an agricultural promotion area shall obtain permission from the Minister of Agriculture, Food and Rural Affairs, as prescribed by Presidential Decree.

The Defendant, without obtaining permission from July 2016 to April 9, 2020, used farmland of approximately 1,734 square meters in Asan City B for the purpose of the preservation of farmland on the water surface, residence, and opening farm.

Summary of Evidence

1. Defendant's legal statement;

1. C’s self-written statement;

1. A business trip report following a report on a violation of the Farmland Act;

1. Field photographs and annual aerial photographys violating the Farmland Act;

1. Land cadastre, etc.;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant provisions concerning criminal facts and Articles 57 (1) and 34 (1) of the Farmland Act that choose a sentence;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into consideration the following circumstances: (a) the size of the instant land where farmland was diverted without permission of sentencing under Article 62-2 of the Social Service Order Act; (b) the Defendant’s failure to restore the said land to farmland; and (c) the Defendant recognized