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(영문) 수원지방법원 성남지원 2017.02.10 2016고단3670
농지법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. A person who intends to divert farmland in violation of Acts and subordinate statutes shall obtain permission from the competent authorities;

Nevertheless, the Defendant, while operating a general restaurant with the trade name, “C,” outside the farmland located outside the agricultural promotion area, was aware of the fact that the camping site was not permitted, with a view to operating the camping site, without obtaining permission from the competent administrative agency, installed a stairs of 2.1 square meter in the middle of May 2015, extended 8 square meters for the purpose of a toilet and shower room for police officers on June 2015, installed 16 square meters, installed 4 16 square meters in the face of 16 square meters in the face of 16 square meters, and installed 9 second in the face of 16 square meters in the end of April 2016, and used 2.1 square meters in the place of a parking lot as a place for 2.1 square meters in the face of 2.1 square meter on May 2016, and used 1,500 square meters as a place for camping.

Accordingly, the Defendant diverted farmland without obtaining permission from the competent authorities.

2. Any person who violates the River Act shall obtain permission from the competent authority from a person who intends to occupy and use land, occupy and use river facilities, construct, rebuild or alter structures in a river area, excavate land, fill up or alter the form and quality of land, alter the form and quality of land, collect soil, rocks, sand or gravel, etc.;

Nevertheless, on July 16, 2016, the Defendant installed 30 seats and its increase in the area of 120 square meters for outdoor business places without obtaining permission from the competent administrative agency.

Accordingly, the defendant occupied land in the river area without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report, location map, and on-site photograph of the relevant violation;

1. Application of Acts and subordinate statutes to certificates of general building ledgers, building status maps, each land register, and each land use plan;

1. Relevant provisions of Article 57 (2), Article 34 (1) of the Farmland Act (the point of exclusive use of farmland without permission), Article 95 subparagraph 5 of the River Act, and Article 33 (1) of the River Act (the point of occupancy of an unauthorized river) concerning criminal facts, and the choice of imprisonment (the area of farmland exclusively used or a river occupied without permission).

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