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(영문) 광주지방법원 2016.08.12 2016고단1667
농어촌정비법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a mutual title construction company of C.

No one shall illegally occupy and use agricultural production infrastructure without justifiable grounds prescribed by Presidential Decree, such as where emergency measures are necessary to prevent damage caused by natural disasters and save lives, etc.

Nevertheless, on November 10, 2015, the Defendant illegally occupied the E reservoir, an agricultural production infrastructure, by reclaiming three dump trucks and one dump truck, one dump truck and one dump dump dump dump dump dump eump dump eump dump dump eump dump eump dump eump dump dump eump dump dump dump eump, from among the F of Simsung-gun on March 10, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Statement concerning G in the police statement protocol;

1. The written accusation and each report on investigation;

1. Application of statutes on images of on-site photographs;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant illegally occupies a public reservoir for his own interest, and that the criminal liability is not minor.

The defendant has a total of ten criminal records.

However, there are no criminal records of the same kind, the defendant embling or reclaiming the original state, and the F land of the Sungsung-gun is owned by the defendant.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

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