Text
Defendant
A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 2,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
A and B are vice versa.
No one shall illegally occupy or use agricultural infrastructure without any justifiable ground prescribed by Presidential Decree, such as cases where an emergency measure is required for the prevention of damage caused by a natural disaster or for lifesaving, etc.
Nevertheless, on May 2014, the Defendants buried and used the land illegally extended and waterwayd on the land of the building in Pakistan-si, which is an agricultural infrastructure for police officers.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement of E;
1. A written accusation and a written statement of detection;
1. Application of Acts and subordinate statutes concerning current status surveying maps and field photographs;
1. Defendants: Relevant Articles 130 (3) and 18 (3) 3 of the Rearrangement of Agricultural and Fishing Villages Act and Article 30 of the Criminal Act concerning criminal facts;
1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;
1. Defendants of the provisional payment order: The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are to be determined by comprehensively taking account of the following factors: (a) Defendant B again committed the instant act upon the request of the Korea Rural Community Corporation to the effect that there was a risk of collapse of Defendant A; and (b) it appears that the illegal state caused by the instant case has not been restored to the original state up to now; and (c) other conditions for sentencing, including the Defendants’ age, character and conduct, family relation, criminal records, the background of the instant case, and the progress thereafter.