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(영문) 의정부지방법원 고양지원 2017.12.22 2016고단2229
농지법위반
Text

Defendant

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

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

Defendant

A is the owner of the Seoyang-gu, Incheon Metropolitan City F, G 6,358 square meters, and Defendant B is the H operator who conducts mid- to long-term lease and reclamation business.

A person who intends to divert the farmland in an agricultural promotion area shall obtain permission from the Minister of Agriculture and Forestry and Food, but Defendant B filled up the farmland owned by the above Defendant A in a height of 1.8 meters by piling up soil from the construction site without permission from the Minister of Agriculture and Forestry and the Food Industry, on November 201, 2014.

Accordingly, the Defendants conspired to divert farmland in the agricultural promotion area without permission.

Summary of Evidence

1. The legal statement of Defendant A and some of Defendant B’s legal statement

1. A witness I and each legal statement of the J;

1. A uniform, official letter, and official letter;

1. A certificate of registered matters;

1. Each photograph (Defendant B asserts that raising the farmland in this case is not the diversion of farmland, but according to the evidence duly adopted and examined by this court, it is recognized that the act of raising the farmland in this case affected the irrigation, drainage, ventilation, and farming work of nearby farmland due to the act of raising the farmland in this court, the above argument is not acceptable) of the law.

1. Defendants who choose the pertinent legal provisions and punishment for criminal facts: Articles 57(1) and 34(1) of the Farmland Act, Article 30 of the Criminal Act, and each choice of imprisonment with prison labor, respectively;

1. The Defendants subject to suspended execution: The Defendants shall be sentenced to the sentence as set forth in the Disposition, taking into account the following circumstances: (a) the grounds for sentencing under Article 62(1) of the Criminal Act; and (b) the degree of their respective participation by the Defendants in the instant case; (c) their respective ages, sexual behaviors, family relations, family environment; (d) motive and means of the commission of the crime; and (e)

In unfavorable circumstances: The defendants' degree of diversion of the farmland in this case is not less weak, and all restoration to the original state is not completed, and the defendant B has the record of punishing three times fines due to the violation of the Waste Management Act: The defendant A is led to confession.

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