logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.11.25 2014고단429
농어촌정비법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall perform an act impeding the original purpose or use of agricultural infrastructure by destroying a major structural part of the agricultural infrastructure without justifiable grounds, such as cases where an emergency measure is required for the prevention of damage caused by a natural disaster or for lifesaving, etc.

Nevertheless, around October 5, 2013, the Defendant buried approximately 300-50 square meters of agricultural production infrastructure in Daegu-gun B (maintenance used for agricultural production) in approximately 50 square meters, without good cause.

As a result, the defendant destroyed a major structural part of agricultural infrastructure to interfere with its original purpose or use.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. A criminal investigation report (22 pages), a criminal investigation report (35 pages), and a criminal investigation report (39 pages);

1. A written accusation;

1. Guidance for illegal reclamation and the application of Acts and subordinate statutes;

1. Article 130 (1) 1 of the Rearrangement of Agricultural and Fishing Villages Act and Articles 18 (3) 1 of the same Act concerning facts constituting an offense;

1. In order to prevent the soil and sand loss, etc. of the Defendant’s land adjacent to the reason for sentencing under Article 62(1) of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the crime was committed; (b) the buried part was restored to the original state; (c) the Defendant is against the law; and (d) the Defendant has no penalty power heavier than

arrow