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(영문) 청주지방법원 제천지원 2018.06.14 2018고정21
국유재산법위반등
Text

Defendant shall be punished by a fine of KRW 300,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Although a person who violated the State Property Act was unable to use or profit from State-owned property without justifiable grounds, the Defendant, without permission for use from July 2005 to December 201, 2017, used or profit from the area of 38 square meters out of the site for the ditch C, which is a state-owned property belonging to the Ministry of Agriculture and Forestry or the Livestock Industry.

2. Although a person violating the Non-Act on the Establishment of Agricultural and Fishing Villages was prohibited from illegally occupying or using agricultural production infrastructure, Defendant 1 occupied or using a ditch site as stated in the above 1.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation for the preparation of a sun-dried market;

1. Written statements of D;

1. The fact that there was no criminal intent on the ground that the Defendant did not recognize that he/she was a ditch site at the time when he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she stockpiled the entire matters to be registered, the land register, a certified copy of the cadastral map, a location map, a field photo of the State property, an investigation report (attached to the current survey map, etc.

The argument is asserted.

However, as long as the defendant used the agricultural production infrastructure, which is the State property, at will without accurate surveying, he/she has a justifiable reason for failing to recognize that the place where the defendant he/she he/she stockpiled the stone as a ditch site, or that the defendant had no intention to commit a crime.

subsection (b) of this section.

Defendant’s assertion is rejected

Application of Statutes

1. Article 82, Article 7 (1) of the State Property Act, Article 130 (3) and Article 18 (3) 3 of the Non-Act on the Settlement of Agricultural and Fishing Villages concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The sentencing conditions, including the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for the selective sentencing of the sentence, shall be determined as ordered by taking into account the following circumstances:

State property is a State property.

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