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(영문) 의정부지방법원 2017.08.30 2017고단1833
농지법위반등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to construct a building, alter the purpose of use, change the form and quality of land, etc. in a zone where special measures against the designation and management of a zone subject to development restriction have been taken or restricted shall obtain permission from the competent authority;

On April 15, 2016, the Defendant, without permission from the competent authority, changed the use of 2 Dong and plant-related facilities of 247.5 square meters in Namyang-si, Namyang-si, and Dong and E, respectively, as the manufacturing place and the storage of the room (a house). The Defendant newly constructed a container of 18 square meters in 200 square meters, and changed the form and quality of land by putting concrete on the land of approximately 650 square meters in 200 square meters.

2. A person who intends to divert farmland in violation of Acts shall obtain permission from the Minister of Agriculture and Forestry, as prescribed by Presidential Decree, except in cases falling under any subparagraph of Article 34 (1) of the Farmland Act.

On April 15, 2016, the Defendant, without permission from the competent authority, used two Dong and plant-related facilities of 247.5 square meters in Namyang-si, Namyang-si, and E, each of which is 247.5 square meters, as a manufacturing place and a storage of a room (a double fishing), changed the purpose of use, newly constructed a container of 18 square meters, used it as an office, and diverted farmland to use it as a parking lot by building concrete on a land of 650 square meters on a land of 70 square meters.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to written statements, business trip reports, reports on illegal acts, investigation reports, building ledgers, land registers, and land use plans;

1. Article 32 subparagraph 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development of the relevant Article of the Act on Special Measures for the Establishment and Management of Areas subject to Restriction on Development (a violation of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development) and Articles 57 (2) and 34 (1) of the Farmland Act (a violation of the farmland law) concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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 Code of the Suspension of Execution (the following sentencing grounds)

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