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(영문) 광주지방법원 2018.12.19 2018고정861
농어촌정비법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No one shall engage in any activity impeding the original purpose or use of agricultural production infrastructure by destroying major structural parts thereof without justifiable grounds prescribed by Presidential Decree, such as cases where an emergency measure is required for the prevention of damage caused by a natural disaster or for lifesaving, etc.

Nevertheless, from June 2017 to August 2017, the Defendant: (a) performed an act of raising up the size of 510 square meters among B, B, 987 square meters, thereby damaging the major structural part of agricultural production infrastructure, which is a drainage channel used for farmland or agricultural production, thereby hindering its original purpose or use.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. A certificate of all registered matters;

1. Location map and photograph;

1. A copy of the notice of restoration from unauthorized occupation and use of State property under the jurisdiction of the Ministry of Agriculture and Forestry for agricultural and fishery purposes (hereinafter referred to as "agricultural production infrastructure" means a facility for the use of groundwater, such as reservoirs, pumping stations, wells, etc. installed through an agricultural production-based improvement project, or for the preservation of farmland or for agricultural production, drainage stations, irrigation channels, irrigation channels, drainage channels, drainage channels, ditches, roads (including farm roads, such as farm roads under Article 4 of the Non-Road Act), tide embankments, embankments, banks, and other incidental facilities, and agricultural facilities, such as production, processing, storage, and distribution facilities of agricultural and fishery products (Article 2 subparagraph 6 of the Non-Agricultural and Fishing Villages Adjustment Act). In light of the fact that the ditches in this case are owned by the State, the category of land in which the farmland is actually located and correspond to agricultural production infrastructure prescribed in the Agricultural and Fishing Villages Act, and the defendant is well aware of the fact that the land in this case is used as a drainage owned by the State among the defendants;

Application of Statutes

1. Article 130(3) of the Act on the Expenses of Agriculture and Fishing Villages concerning the pertinent criminal facts and the selection of punishment.

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