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(영문) 광주지방법원 순천지원 2017.01.12 2016고단2159
농지법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to operate a farm for the diversion of farmland shall obtain permission from the competent authorities.

In addition, a person who intends to engage in land seawater fisheries shall obtain permission from the competent authority for each fishing vessel, fishing gear, or facility.

Nevertheless, the Defendant: (a) around April 2016, around 2016, 200 m20 m20 m21,759 m20 m20 m20 m20 m20 m20 m2, which had been located in Jeju-gun, Jeju-gun, etc., and (b) installed sea water for a new fish farm and run a new fish farming business by

Accordingly, the defendant has diverted farmland without obtaining permission and carried out land seawater fisheries without obtaining permission.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written confirmation of D facts;

1. All on-site photographs;

1. Investigation reports (on-site photographs and confirmations at the scene), cadastral map photographs, and field photographs;

1. Application of Acts and subordinate statutes to a report on investigation (explication of suspect farmland, etc.);

1. Article 57 (2) and Article 34 (1) of the Farmland Act concerning the facts constituting the relevant crime; Article 97 (1) 2 and Article 41 (3) 2 of the Act concerning the fisheries;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) is that the Defendant, who received a fine from an unauthorized cultivating business, is disadvantageous to the Defendant.

The sentence shall be determined as per the order by taking into account the fact that the defendant is trying to engage in the aquaculture with permission and the elderly people.

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