logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2014.02.20 2013고정662
농어촌정비법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who resides in Pyeongtaek-si C around June 2008.

1. No one who violates the Rearrangement of Agricultural and Fishing Villages shall illegally occupy or use agricultural infrastructure without justifiable grounds;

Nevertheless, on February 10, 2012, the Defendant installed fences and plastic houses until May 29, 2013 with knowledge that Pyeongtaek-si D, which is adjacent to the Defendant’s residence, was a state-owned land and continued to use it as the Defendant’s garden.

Accordingly, the defendant illegally occupied agricultural infrastructure without justifiable grounds.

2. No person who violates the Public Property and Commodity Management Act shall use or profit from public property without following procedures and methods;

Nevertheless, the Defendant continued to use the Defendant’s garden in the same manner as the above “1” with knowledge of the fact that it was public property as the maintenance of Pyeongtaek-si and F adjacent to the Defendant’s residence, despite being aware of the fact that it was public property.

Accordingly, the defendant used public property without permission.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Aeronautical/field photographs;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Relevant provisions for facts constituting an offense, Articles 130 (3) and 18 (3) 3 of the Rearrangement of Agricultural and Fishing Villages Act (the illegal occupation of agricultural infrastructure), Articles 99 and 6 (1) of the Public Property and Commodity Management Act (the use of public property not in compliance with lawful procedures), the selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized the crime and divided the crime, and that there is no intention to use the state property and public property at the time of transferring the land in this case, there is no previous charge, and vicarious execution.

arrow