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(영문) 창원지방법원 거창지원 2017.10.18 2017고단144
농지법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

A person who intends to divert farmland shall obtain permission from the Minister of Agriculture and Forestry.

Nevertheless, on July 2016, the Defendant diverted farmland to 1,927 square meters of farmland outside the agriculture promotion area located outside the Gohap-gun, Gohap-gun, and one parcel of farmland, without obtaining permission from the competent authority, on the ground that the Defendant arbitrarily filled out living wastes, etc. without obtaining permission from the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. A detailed statement of illegal on-site investigation of farmland;

1. A certificate of all matters to be registered and a land register;

1. A written accusation;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigative reports (verification as to grounds for non-performance of restoration orders and reinstatement);

1. Relevant Articles 57 (2) and 34 (1) of the Act, the selection of punishment for a crime, and the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (i.e., taking into consideration circumstances favorable to the defendant, such as the fact that the defendant seems to have made efforts to recognize and recover from a crime, and that the defendant has no record of punishment heavier than that imposed

1. Article 62-2 of the Criminal Act on the observation of protection;

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