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(영문) 대구지방법원 경주지원 2014.05.28 2014고정11
농지법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, “2014 Highly 11,” among 2,813 square meters and 591 square meters and farmland converted to farmland by creating a stopping site, which is farmland outside the agricultural promotion area, from around November 2012 to April 30, 2013, which is farmland outside the agricultural promotion area, without obtaining permission to divert farmland.

A person who alters the current state of State-designated cultural heritage "2014, 12" shall obtain permission from the Administrator of the Cultural Heritage Administration.

On November 2012, the Defendant, without obtaining permission from the Administrator of the Cultural Heritage Administration, installed a building, toilet, sidewalk block, etc. of approximately three square meters in the land of approximately 2,813 square meters in the area of a private D racing, Namnam City, which is a private State-designated cultural heritage, and changed the phenomenon by creating a camping site by cutting and raising the land.

Summary of Evidence

"2014 Highly 11"

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The head of the accusation, written statement (public official E), on-site photograph, a certified copy of the cadastral map (C), the Urban Planning Confirmation Board, the investigation report (personal tables for the operation of a suspect), and the investigation report (on-site survey by a public official in charge of filing the accusation)".

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to a charge, a written statement (F), a business trip report, a criminal investigation report (an accusation against a violation of the Farmland Act), and an investigation report (verification of Operation of an Lao Camp);

1. Relevant Articles 57 (2) and 34 (1) of the Farmland Act (authorized diversion of farmland) concerning facts constituting an offense, and Articles 99 (1) 1 and 35 (1) 1 of the Cultural Heritage Protection Act (the alteration of the current state of cultural heritage);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on a violation of the Cultural Heritage Protection Act with heavier punishment);

1. Selection of an alternative fine for punishment;

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

1. The necessity for the punishment of the instant crime against the preservation of farmland and cultural properties in both forms under Article 334(1) of the Criminal Procedure Act of the provisional payment order: Provided, That the confession of the crime is against the Defendant, and other circumstances after the Defendant’s age, happiness, family environment is committed.

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