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(영문) 대전지방법원 논산지원 2018.02.13 2017고정170
농어촌정비법위반
Text

The sentence of sentence against the defendant shall be suspended.

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

No person shall illegally occupy or use agricultural infrastructure.

Nevertheless, on May 2017, the Defendant illegally planted 22 glue tree in the site of the Korea Rural Corporation located in Donnam-gun, Chungcheongnam-gun, Dannam-gun.

Accordingly, the defendant illegally occupied and used the site of the Korea Rural Community Corporation.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. A written statement (22 pages of evidence records);

1. A certificate of all registered matters (17 pages of evidence records);

1. Site of photograph (which means the 11 to 13 pages of evidence);

1. Application of Acts and subordinate statutes to a criminal investigation report (examination as to whether such report constitutes agricultural production infrastructure);

1. Relevant Article 130 (3) and Article 18 (3) 3 of the Non-Performing Agricultural and Fishing Villages Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. 50,000 won of a fine to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won a day) to attract a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., Supreme Court Decision 2006Da1248, Apr. 1, 2006)

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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