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Defendants shall be punished by imprisonment for six months.
However, from the day this judgment became final and conclusive, the Defendants are above one year each.
Reasons
Punishment of the crime
No one shall use or benefit from State property without following the procedures and methods prescribed by the State property Act or other Acts, and illegally occupy or use the agricultural production infrastructure without justifiable grounds.
From Oct. 2014 to Jun. 2017, the Defendants harvested Cheongdog in Jin-si D, which is an agricultural production infrastructure for interest on state property, with the total market value of KRW 1,358,00 (2.6 million in 2.6 million in 2014, KRW 390,000 in 2.6 million in 2015, KRW 52 million in 2016, KRW 1880 in 2017) by cultivating Cheongdog for livestock feed.
As a result, Defendants conspired to use, profit from, and occupy the state property and agricultural production infrastructure illegally without any justifiable reason.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes concerning certificates of all registered matters, maps of illegal cultivation, field photographs, and certificates of registration of agricultural infrastructure;
1. Articles 82 and 7(1) of the relevant Act on the Punishment of Criminal Crimes; Article 30 of the Criminal Act; Articles 130(3) and 18(3)3 of the Act on the Prevention of Agricultural and Fishing Villages; Article 30 of the Criminal Act on the Prevention of Illegal Crimes
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of punishment (the Defendants)
1. Article 62(1) of the Criminal Act, which provides a suspended sentence (the Defendants)
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order (the Defendants): The size of state-owned property used and profited by the Defendants is wide, the period is not short, and circumstances favorable to the continued cultivation of the Defendants even though they were urged by the employees of the Rural Construction and Fishing Villages: The Defendants did not have the same criminal record; the Defendants’ reflects nature; the above circumstances and the Defendants’ age, sex behavior, environment, and circumstances leading to the crime, etc. are considered and determined as ordered by the order.