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(영문) 의정부지방법원 2016.11.24 2016고단3757
공유재산및물품관리법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall use or benefit from public property unless he/she complies with the procedures and methods prescribed by Acts.

Nevertheless, from June 10, 2015 to August 30, 2016, the Defendant used public property equivalent to 856 square meters in total in size, such as installing a vinyl house in the Gu Government-si B and six parcels, which are public property owned by the Gu Government-si from Jun. 10, 2015 to Aug. 30, 2016, and operating the landscaping and steel materials store in the trade name of “C” and “D”, and piling materials

Accordingly, the Defendant did not follow the procedures and methods prescribed in the Act, and used and profit from public property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. A written statement;

1. Investigation report (G Statements of a person in charge of accusation);

1. A written accusation;

1. A certified real estate register;

1. Second reporting on the restoration to the original state in violation of the Public Property and Commodity Management Act (B day);

1. Application of on-site photographs, boundary restoration surveying result maps, cadastral status surveying result maps, reference drawings, and lighting statutes;

1. Relevant provisions for facts constituting a crime and Articles 99 and 6 (1) of the Commodity Management Act as well as Articles 6 (1) of the same Act as the applicable provisions for punishment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The area of unauthorized use is wide and its period of use is considerably long, and circumstances favorable to the use without restoring to its original state still have been led to the confession and reflect of the instant crime, the fact that there is no criminal record for the same kind of crime: It is so decided as per Disposition on the grounds above the sentencing factors under each subparagraph of Article 51 of the Criminal Act, such as the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, the situation after the crime, etc.

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