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(영문) 춘천지방법원 2013.10.24 2013고단692
국유재산법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall use or benefit from any administrative property which is State property without following legitimate procedures and methods.

The Defendant cultivated agricultural crops, such as bearing charges, at a size of 260 square meters adjacent to D land, out of 164,768 square meters, which is administrative property owned by the Republic of Korea, without obtaining permission for the use of State property from around 2009 to April 9, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of each accusation, location map, photograph, cadastral map, and land cadastre statutes;

1. Relevant Articles 82 and 7 (1) of the State Property Act and the choice of punishment concerning facts constituting a crime;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the defendant does not completely restore state property used or used without permission until now to its original state, and there are favorable circumstances such as the fact that there is no criminal record for the same kind of crime. In light of these circumstances, the punishment is determined as ordered by taking into account the following circumstances, including the background leading up to the crime, the circumstances after the crime, the character and conduct of the defendant, the character and conduct of the defendant, and the environment.

It is so decided as per Disposition for the above reasons.

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