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(영문) 광주지방법원 2017.10.20 2017고정912
농어촌정비법위반
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one hundred thousand won shall be applied.

Reasons

Punishment of the crime

No one shall illegally occupy or use agricultural production infrastructure.

In 2011, the Korea Rural Community Corporation entered into a contract for compensation for losses with respect to water owned C (Maintenance) and obstacles, and paid compensation for land to be incorporated and resettlement.

On March 11, 2014, the Defendant continued to occupy and use the said agricultural infrastructure without implementing the agreement to remove and move the above warehouse building at the Korea Rural Community Corporation located in 2018, Na-ro, Na-ro, Na-ro, Na-ro, 2014, on March 11, 2014, where C moved to and moved to the end of April 201.

Summary of Evidence

1. Partial statement of the defendant;

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

1. According to the above evidence, the Defendant’s photograph of real estate register in the report of entering the land contract and payment of compensation money into the accusation report of the police statement protocol against E can sufficiently recognize the fact that the agricultural production infrastructure was illegally occupied.

The circumstances alleged by the Defendant and his/her defense counsel, namely, the extension of the period from the side of the Korea Rural Community Corporation to December 31, 2016, which led to the extension of the period of removal to December 28, 2016, did not comply with the commitment of extension of the period of wind bound by other cases, are difficult to view that the Defendant’s illegal occupation period is a reason for resistance in light of the period of occupation and use.

B. The crime of violation of the Non-Act on the Establishment of Agricultural and Fishing Villages was already established when the defendant illegally occupied the above warehouse without any authority, and the above circumstances asserted by the defendant and his defense counsel do not affect the acknowledgement of the facts charged.

Application of Statutes

1. Article 130 (3) and Article 18 (3) 3 of the same Act concerning the facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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