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(영문) 수원지방법원 성남지원 2015.12.10 2015고단2146
농지법위반등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

From the beginning of October 1993, the Defendant is a person who is operating a general restaurant in the name of “C” in Gwangju City B.

1. Any person who intends to occupy and use land, occupy and use river facilities, build, rebuild or alter structures, excavate, lay land, alter the form and quality of land, change the form and quality of land, or extract soil, rocks, sand, and gravel within a river area, shall obtain permission from the competent authority;

Nevertheless, without obtaining permission from the competent authority from May 1995 to August 10, 2015, the Defendant occupied and used land in the river area by installing concrete of 140 square meters in the size of 120 square meters in Gwangju-si (D, E,00) and F (F), which is a river area, without obtaining permission from the competent authority, and installing 120 square meters in size of 120 square meters in each summer metal, and using land in the river area as an outdoor business site.

2. Any person related to the construction of a steel framed shall either construct a building, alter the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles, etc. or obtain permission from the competent authority from any person who intends to divert farmland;

Nevertheless, on May 2015, the Defendant, without obtaining permission from the competent authority, installed a steel framed with a size of 57 square meters in the G field of Gwangju-si, which is a development restriction zone and farmland, and used it as an outdoor place of business in the said restaurant, etc., without permission. The Defendant illegally constructed buildings in the development restriction zone and diverted farmland.

Summary of Evidence

1. Defendant's legal statement;

2. Application of Acts and subordinate statutes to a criminal investigation report (attached documents, such as a written investigation of offenses);

1. Articles 57 (2) and 34 (1) of the Farmland Act; Article 95 subparagraph 5 of the River Act; Article 33 (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones; Articles 32 subparagraph 1 and 12 (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones;

2. Abnormal concurrence, and the choice of a sentence, Articles 40 and 50 of the Criminal Act, and the choice of imprisonment.

3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

4. Suspension of execution;

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