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(영문) 대구지방법원상주지원 2020.12.02 2020고정64
농지법위반
Text

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

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

Reasons

Punishment of the crime

A person who intends to divert farmland outside an agricultural promotion area shall obtain permission from the Minister of Agriculture, Food and Rural Affairs, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining permission from the Minister of Agriculture, Food and Rural Affairs on April 2019, used the gravel for the purpose of the parking lot, and diverted the remaining gravel on the ground of 400 square meters for the purpose of the parking lot, among three lots of land, including B 2,09 square meters, C 674 square meters, D 1,547 square meters, etc., which were permanently located around April 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the site of a written accusation, letter of business trip, photographic name;

1. Relevant legal provisions concerning criminal facts, Articles 57 (2) and 34 (1) of the Farmland Act that choose a sentence, the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant has completed restoration to the original state when it comes to this court, taking into account other factors such as the area and purpose of the exclusive site, the same punishment power of the defendant, etc., and all the sentencing conditions shown in the arguments of this case and the records shall be determined

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