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(영문) 대구지방법원 2019.02.12 2018고정1388
농지법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the owner of a dry field with an area of 438 square meters, located in B (B) of the Gyeonglung-gun, the preservation management area.

Anyone who intends to divert farmland shall obtain permission from the Minister of Agriculture, Food and Rural Affairs.

Nevertheless, around June 27, 2017, the Defendant changed farmland into the site of a place of business by packaging concrete on the floor without permission to divert farmland in approximately 105 square meters, which is part of the above farmland.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to orders to reinstate illegal farmland;

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. Considering the following circumstances in sentencing grounds under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine for the summary order already issued cannot sufficiently achieve the purpose of punishment against the defendant.

Therefore, on the basis of Article 457-2 of the Criminal Procedure Act, the fine shall be increased and the sentence shall be determined as ordered.

There are many similar criminal records for the accused.

The area of the diverted farmland is wide.

In a number of times, the head of the competent authority has failed to comply with the orders of reinstatement.

No defendant shall reflect his/her crime.

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