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(영문) 창원지방법원 2016.02.03 2015고단2873
농지법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the owner of B 2,212 square meters and C 1,441 square meters in the window of Changwon-si, Changwon-si.

1. Around March 10, 2015, the Defendant violated farmland law: (a) around March 10, 2015, the above-mentioned B and C, a farmland located in an agricultural promotion area, did not obtain permission from the competent authorities to convert farmland; and (b) filled up approximately 1.5 meters of the said farmland.

2. Violation of the National Land Planning and Utilization Act;

A. The Defendant changed the form and quality of land as described in paragraph 1 without obtaining permission from the competent authorities at the time and place specified in paragraph 1, and without obtaining permission from the competent authorities.

B. The defendant, on May 18, 2015, from the head of the counter in the dwelling area of the defendant who is located in D in the window of Changwon-si, Changwon-si around the same year.

6. Until 17., even though he was ordered to restore the above B and C to farmland, he did not comply with this order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Accusation against illegal diversion of the form and quality of farmland, and a written accusation;

1. A written statement of each accuser;

1. The provision of a location map and field photograph, confirmation of a land use plan, notification of the restoration of farmland to the original state, notification of the implementation of the restoration of farmland, prior notification of the restoration of farmland to the original state, and the application of the Acts and subordinate statutes

1. The point of diversion of farmland without permission for the relevant legal provisions pertaining to the facts constituting the crime: the point of alteration of the form and quality without permission under Articles 57(1) and 34(1) of the Farmland Act: The point of violation of Article 140 Subparag. 1 and Article 56(1) of the Act on the Planning and Utilization of National Land: Articles 142 and 133(1)5 of the Act on the Planning and Utilization of National Land;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the reflection, the completion of the restoration of the original state, and the imposition of a fine for a crime different from that which has no particular criminal history);

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