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(영문) 대전지방법원 공주지원 2017.07.14 2017고단78
농지법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a user of farmland in Chungcheong-gun B located outside the agricultural promotion area.

A person who intends to divert farmland shall obtain permission from the Minister of Food and Agriculture for Food and Agriculture, as prescribed by Presidential Decree.

Nevertheless, on May 2016, the Defendant diverted farmland to the area of 1200 square meters out of the above farmland without obtaining permission from the head of the Ministry of Agriculture and Forestry and Food Industry for the diversion of farmland.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police against C;

1. Each investigation report (on-site verification of farmland conversion, connection with the place of public announcement, and telephone conversations of public officials in charge of Cheongyang-Gun Office Construction City and D);

1. Notification of an accusation, accusation, statement, explanatory note, current status of illegal diversion of farmland, order for restoration of an area subject to diversion of farmland to its original state, and application of Acts and subordinate statutes governing the diversion of farmland to the site of farmland;

1. Relevant Article 57 (2) and Article 34 (1) of the Act, the selection of a fine, and the selection of a fine, concerning the facts constituting an offense;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, shall be selected by a fine in consideration of the fact that he/she is led to confession, is in depth, and has restored the farmland unlawfully diverted to the original state.

In this context, considering various circumstances such as the defendant's age, sex, family environment, background of the crime, and circumstances after the crime, the punishment is determined as ordered.

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