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(영문) 대전지방법원 서산지원 2015.03.19 2014고단1112
농어촌정비법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

No one shall illegally occupy or use agricultural infrastructure without justifiable grounds.

The Defendant illegally occupied or used a total of 34,220 square meters of the above drainage route by forming a rice shed by means of piling a bank from the drainage channel of the D reclaimed land located in Jinjin-si from April 2002 to September 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Restoration summary;

The application of statutes in the protocol of land for assets managed by agricultural production infrastructure shall be made to the secretary, current status photograph, cadastral map

1. Article 130 (3) and Article 18 (3) 3 of the Rearrangement of Agricultural and Fishing Villages Act applicable to criminal facts, the selection of punishment, and the selection of imprisonment with labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant has developed and occupied a drainage channel as an agricultural infrastructure for about 12 years, the area of the defendant's occupation and use is wide, the defendant's act increases the flood risk of nearby farmland is disadvantageous to the defendant, and there is no criminal conviction sentenced exceeding a fine due to the elderly, and that the defendant has committed the crime of this case against the defendant.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

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