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(영문) 춘천지방법원 2016.07.20 2016고정235
국유재산법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who constructs a farm house in Hongcheon-gun C.

1. No person who violates the Act on Property of State shall use or benefit from State property without complying with the procedures and methods prescribed by relevant Acts;

Nevertheless, on December 10, 2015, the Defendant cut approximately 108 cubic meters of earth and sand for restoration, which is stored on the ditch site owned by the Ministry of Agriculture and Food, Agriculture and Forestry, which is a state property located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, and used approximately 128.76 square meters of land for the construction of the said farm as the access to a vehicle for the construction of the said farm.

Accordingly, the defendant used state property without permission.

2. No one shall illegally occupy or use agricultural production infrastructure without justifiable grounds prescribed by relevant Acts;

Nevertheless, the defendant illegally occupied and used the Gu, which is owned by the Ministry of Agriculture and Forestry, an agricultural production infrastructure, for access to the vehicle, at the above date and place.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to accusation, land register, investigation report (Evidence No. 6)

1. Article 82, Article 7(1) (U.S. illegal use of state-owned property) of the relevant Act on Property of Agricultural and Fishing Villages concerning facts constituting an offense, Article 130(3) and Article 18(3)3 ( illegal use of state-owned property) of the same Act, and Article 18(3)3 of the same Act on Property of Agricultural and Fishing Villages;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is: (a) the Defendant and the defense counsel: (b) the proviso to Article 23(1) of the Non-Act on the Establishment of Agricultural and Fishing Villages and Article 31(3)1 of the Enforcement Decree of the same Act are minor not exceeding 300§³ to the extent that it does not interfere with the maintenance and management of agricultural production infrastructure.

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