logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2017.02.08 2016고단3739
농지법위반등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who intends to divert farmland in violation of Acts and subordinate statutes shall obtain permission from the competent authorities;

Nevertheless, the Defendant installed a pipe-type parking lot of 1,750 square meters in 1,750 square meters in Do-si, Gwangju (former), D (former), and E (P) which is farmland outside the agriculture promotion area, and installed two container-type stuffs in 15 square meters in pipes of 20 square meters in 20 square meters and 30 square meters in pipes of 20 square meters in 20 square meters.

Accordingly, the Defendant diverted farmland without obtaining permission from the competent authorities.

2. Any person who violates the River Act shall obtain permission from the river management agency for a person who intends to occupy and use land, occupy and use river facilities, construct, rebuild or alter structures in a river area, excavate land, fill up or alter the form and quality of land, alter the form and quality of land, collect soil, rocks, sand or gravel, etc.;

Nevertheless, on July 2014, the Defendant installed one of the stairs of 3 square meters, which come into a river from the above private house to the river without obtaining permission from the river management office in Gwangju-si, which is a neighboring river area.

Accordingly, the defendant occupied land in the river area without obtaining permission from the river management agency.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of investigation of offenses;

1. Location map and on-site photographs;

1. A certificate of completion of a report filed by a farmer in a farming or fishing village;

1. Notification of an order to correct H,00 tort;

1. Building register and land register;

1. Application of Acts and subordinate statutes confirming land use plans;

1. Article 57 (2), Article 34 (1) of the Farmland Act (the occupation of farmland without permission), subparagraph 5 of Article 95 of the River Act, and Article 33 (1) of the same Act concerning facts constituting an offense (the occupation of a river without permission);

1. Selection of each alternative fine for punishment (including the fact that the person has implemented restoration from the original state) ;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow