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(영문) 창원지방법원 밀양지원 2016.03.24 2016고단17
농지법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 17"

1. A person who intends to divert farmland in violation of the Farmland Act shall obtain permission from the competent authorities, but on June 2015, the Defendant created a building site without obtaining permission from the competent authorities, with the total area of B and C, 5,200 square meters, and installed the building site, the building site was installed, the landscape and the landscape of the building was planted, and the farmland was diverted with a bridge.

2. A person who intends to engage in development activities, such as construction of buildings and construction of structures in violation of the National Land Planning and Utilization Act, was subject to permission from the competent authority, but the defendant did the development activities without obtaining permission from the competent authority as described in paragraph (1).

A person who diverts a mountainous district without obtaining permission from the competent authority of "2016 Highest 57" and without obtaining permission from the competent authority, fails to comply with an order of recovery within a prescribed period, notwithstanding the receipt of an order of recovery under the name of the smuggling market, with the purport that the Defendant will restore the 1,859 square meters of the land of the Defendant located in Seoyang-si, the Defendant used his/her residence for the exclusive use of the mountainous district from September 10, 2015, to October 31, 2015 without obtaining permission from the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. A public official in charge of the F and G preparation;

1. Application of Acts and subordinate statutes to the order of restoration to the original state;

1. Relevant provisions of the Act on the crime, Articles 57 (2), 34 (1) of the Farmland Act (the point of diversion of unregistered farmland), Article 140 subparagraph 1, and Article 56 (1) of the National Land Planning and Utilization Act (the point of non-permitted development activities), Article 55 subparagraph 10, and Article 44 (1) 2 (the point of non-performance of restoration order) of the Mountainous Districts Management Act, and each decision of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The area of land developed without obtaining permission for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is not significant, but is still restored to its original state.

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